Blog

It is common for attorneys to recommend mediation after a custody evaluation because it can be a productive and cost-effective way to resolve the custody dispute without further court intervention.

Mediation is often necessary in family law after a custody evaluation because it provides an opportunity for the parents (or guardians) to come to a mutual agreement about the custody arrangements in a more collaborative and less adversarial way. 

After a custody evaluation, the evaluator may provide insights into the child’s needs, each parent’s strengths and weaknesses, and the overall family dynamic. However, a judge may not always have all the information or the nuances necessary to make the best decision for the child without input from both parties.

Here’s why mediation is particularly valuable:

1. Evaluate the Custody Evaluation Findings: The custody evaluation provides insights from a neutral third party (the evaluator) about the best interests of the child, and mediation gives both parents the chance to discuss these findings. Your attorney may believe that mediation is the best way to ensure that any concerns raised in the evaluation are addressed in a cooperative manner.
2. Encourages Cooperation: Mediation focuses on finding solutions that work for both parents, which can reduce conflict and promote better co-parenting in the future. In contrast to litigation, which can escalate tensions, mediation encourages communication and compromise.
3. Promote a Collaborative Resolution: Mediation allows you and the other parent to work together (with the help of a neutral mediator) to come up with a mutually agreeable parenting plan. Your attorney may want to avoid the unpredictability of court hearings and give you a chance to control the outcome by reaching an agreement outside of court.
4. Child-Centered Focus: Mediation creates an environment that encourages the parents to focus on what is best for the child, rather than being solely focused on their own wants or grievances. It helps ensure the child’s best interests are the priority, as recommended by the custody evaluation.
5. Better Long-Term Co-Parenting: Mediation encourages open communication and compromise, which can help you and the other parent develop a better co-parenting relationship. If you can work through your differences in a mediated setting, it can lead to a more harmonious arrangement and reduce conflict in the future.
6. Faster and Less Expensive: Mediation is often quicker and less expensive than a prolonged court litigation. Going to mediation can save both time and money in a more collaborative setting vs going to court and a judge making decisions in a more adversarial setting. It helps you avoid additional legal fees for trial preparation. It also helps in preventing the legal system from becoming bogged down in cases that could be resolved outside of court.
7. More Control Over the Outcome: Through mediation, parents have more control over the final decision compared to a judge who may impose a ruling based on legal criteria. This can lead to more satisfying and customized arrangements that both parties feel invested in.
8. Improved Long-Term Relationships: By working together in a more peaceful setting, parents are more likely to maintain a better relationship, which is important for co-parenting and ensuring the child’s emotional well-being.
9. The Court Requires Mediation: Courts in Texas require mediation before further court intervention. Your attorney may be suggesting it as a way to comply with court procedures and show that you are attempting to work collaboratively toward a solution.

Ultimately, mediation helps facilitate communication and cooperation while addressing any unresolved issues after a custody evaluation. It can be a crucial step in ensuring that the final custody arrangement works well for both the parents and the child.