Dealing with a custody or parenting time disagreement is one of the most complex parts of divorce. You feel stress and uncertainty about your child’s future. You want what’s best for them, but traditional court battles are often adversarial and expensive. Litigation pits you against the other parent.
Fortunately, Indiana law offers a more cooperative and effective solution: child-involved mediation. This process is often a necessary first step in Indiana for creating a stable co-parenting plan focused squarely on your child’s best interests.
How mediation works in Indiana
Indiana courts strongly encourage you to try mediation before a trial. Most judges require parties to attempt this out-of-court resolution to resolve matters efficiently, recognizing that you and the other parent know your child best.
The mediator’s role is not to judge. Mediators are neutral, trained third parties who facilitate discussions. They are often attorneys or mental health professionals with training in domestic relations. You and your spouse control the process, which includes:
- Both parents meet with the mediator in a confidential, non-adversarial setting.
- The mediator helps you and the other parent define disagreements, explore solutions and negotiate a comprehensive parenting schedule.
- The mediator does not make a final ruling; they guide the conversation toward mutual agreement.
If you reach an agreement, the mediator writes it down. You and the other parent sign it, and it goes to the court for approval. Once approved, that agreement becomes a final, enforceable court order.
Child-involved mediation offers many perks
Mediation offers advantages that litigation simply cannot match, giving you more control and privacy in the process. Key benefits include:
- You control the outcome and design a customized parenting plan tailored to your family’s unique needs, creating a schedule that works for you and your family.
- The process is faster and costs significantly less than prolonged litigation and the extensive preparation for a trial.
- Discussions are confidential, meaning you generally cannot use statements made during mediation against the other parent in court later on.
- You model better co-parenting and communication by working together, which reduces long-term conflict and benefits your children.
You maintain power over your family’s future instead of leaving these critical decisions to a judge. This cooperative approach improves your ability to communicate with the other parent long after the divorce is final.
Securing your child’s future
Mediation is a powerful tool that can help you forge a positive future for your family without the stress and anxiety of a courtroom battle. Guidance from a skilled child custody attorney who understands the process is invaluable.
Experienced lawyers can help you understand if mediation is right for your family. They can also protect your interests and rights during the process, and help you negotiate the best possible terms for your child.