Question by Dustin Mustach: Can the mediator in a child custody mediation grant the divorce at the custody mediation?
My wife and i are not divorced yet and the judge said he would not grant the divorce until custody is established. We are going to mediation this month and i was wondering if the mediator can grant the divorce in mediation even if we don’t come to an agreement concerning the child custody? Or would we have to wait until our final court date with the judge?
Best answer:
Answer by ablex
No.
The mediator will help facilitate a custody agreement, then the case goes to the judge for finalization.
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You have to wait for a final ruling from the judge.
mediators do not grant divorces….only family court judges….the mediator helps each side come to an agreement but can NOT order the agreement or grant divorces.
The judge wants the agreement FIRST….it saves him the trouble of deciding for himself what would be best. If the mediation fails…then the judge decides.
If the judge has ordered that a mediator be used in determining child custody agreements, then that is the role of the mediator. The mediator will not be able to grant you a divorce as this is only something that a judge can do. If your divorce were before a mediator, the mediator would still not be able to grant you a divorce, but he or she would help you two come to an agreement, have you two finalize that agreement in writting with signatures and then submit that agreement to the court as an enforceable document.
However, mediation in divorce cases is generally used to address custody and visitation issues and provides a neutral forum away from the courtroom to discuss the most important, and most personal, aspect of ending a marriage – the children. Custody mediation is generally more about personal parenting goals than the legal status, such that custody issues can often be resolved, or at least narrowed, through the mediation process.
Family court judges encourage parties to attempt to work through children-related issues in their case so that the parties are involved in negotiating and shaping the final judgment. In some states custody mediation is mandatory. Usually parties are required to attend custody mediation if they are unable to reach a prompt resolution to the custody and visitation issues at the beginning of their case.
Agreements reached in mediation are generally not binding or enforceable until reduced to a written order and entered by the court.
If you want to know more about mediation and mediators in relation to your case, you can look at DadsDivorce.com for articles related to them along with many other topics in relation to divorce. Also, there is a forum there where you can ask this and other questions to the guys who have gone through divorce to see what their thoughts and opinions are as well on various topics.
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