There are few issues in family law more complex and contested than custody disputes. The reason why these are so complicated is that they center on the best interests of the child, but there is no single definition of what this is.
The result of this is that both parents may have completely different ideas about what is best for the child, and the court may also have different ideas. When parties to a legal dispute feel like they are on opposing sides, cases can be drawn out and relationships become very strained.
Alternatives to litigation provide another way of settling custody disputes. Mediation is one alternative that works for many parents. Why mediate a custody dispute?
The children can remain the focus
Highly contentious and litigated custody battles often move the focus away from the kids. Parents may become wound up and begin to focus on what went wrong in the relationship. This can lead to a desire to punish the other parent by attempting to reduce their custody rights.
Mediation doesn’t work this way. There is no winner and no loser, and the mediators always aim to keep the focus on the best interests of the child.
More flexible solutions
Mediation is less time-restricted than litigation. This means that parents can explore a lot more custody options, including custody arrangements that may be unorthodox and more flexible.
Mediation can provide parents with a platform to build on post-divorce. The calmness and flexibility of mediation often allow parents to work as a team moving forward. Seeking legal guidance will help you to assess whether mediation might be right for your circumstances.