Under the new Supreme Court 900 Series rules, parents who cannot agree on custody and visitation issues must first go through mediation before they can actually have a custody fight in court. In theory, this is a great idea. In practice, two good divorce attorneys accomplish the same result.
In our cases, we do our best to get parents to settle their custody and visitation disputes within the first 90 days of the case being filed. If we can't get it done, it is not likely that a mediator will have any more luck. In practice, mediation has just became an easy way for family law lawyers to delay doing their job and pawn the parents off on a mediator. It takes a lot of work to get offers out and attempt resolution of the custody and visitation issues. Orders need to be drafted. Joint Parenting Agreements need to be drafted. Time needs to be spent with the client to get to the bottom line on what is best for their individual family. No two families are alike, and no two custody orders are identical. By trying to get custody resolved early on, it forces the attorneys to do their job quickly and efficiently. If the parties still do not agree, mediation can be helpful.
We also find that attorney mediators do a much better job than social work mediators. Attorneys who are also mediators, such as my wife, Attorney Theresa Murphy, and myself, already know the law and what a Judge will likely do if the parties don't agree. That is helpful in mediating cases. Social worker mediators have great intentions, but without being legally trained, they cannot possibly effectuate a legally correct settlement through the mediation process. That doesn't mean it cannot ever happen, but in my experience it does not happen often. That is why, if we need mediation, we use attorneys and former Judges, as mediators.
Mail me or my wife if you any more questions on mediation as it relates to custody and visitation. We will be glad to help.
Ed Murphy
www.murphy-law-group.com
In our cases, we do our best to get parents to settle their custody and visitation disputes within the first 90 days of the case being filed. If we can't get it done, it is not likely that a mediator will have any more luck. In practice, mediation has just became an easy way for family law lawyers to delay doing their job and pawn the parents off on a mediator. It takes a lot of work to get offers out and attempt resolution of the custody and visitation issues. Orders need to be drafted. Joint Parenting Agreements need to be drafted. Time needs to be spent with the client to get to the bottom line on what is best for their individual family. No two families are alike, and no two custody orders are identical. By trying to get custody resolved early on, it forces the attorneys to do their job quickly and efficiently. If the parties still do not agree, mediation can be helpful.
We also find that attorney mediators do a much better job than social work mediators. Attorneys who are also mediators, such as my wife, Attorney Theresa Murphy, and myself, already know the law and what a Judge will likely do if the parties don't agree. That is helpful in mediating cases. Social worker mediators have great intentions, but without being legally trained, they cannot possibly effectuate a legally correct settlement through the mediation process. That doesn't mean it cannot ever happen, but in my experience it does not happen often. That is why, if we need mediation, we use attorneys and former Judges, as mediators.
Mail me or my wife if you any more questions on mediation as it relates to custody and visitation. We will be glad to help.
Ed Murphy
www.murphy-law-group.com
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