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Child Custody Mediation Case Study

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In the courts, the mediator has an essential role in the dissolution of marriages and relationships, especially when it comes to child custody. According to California Family Code 3161, the purposes of custody mediation proceedings are:
(A) To reduce acrimony that may exist between the parties, (B) to develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child, and (C) to create a settlement of the issue of visitation rights of all parties involved that is in the best interest of the child.
(California Family Code 3161, 2012).
California Family Code also allows the mediator’s recommendation to the court regarding custody and/or visitation to be adopted by the court. (California …show more content…

326). Those arguing in this favor do not think the child needs to be included in the process since they do not make decisions on their own as it is. This does not “explicitly require or ban” a child’s involvement, but rather leaves it up to the parents’ discretion on a case-to-case basis.
The debate of a child’s involvement in divorce and child custody mediation is one that involves “family empowerment” and comes at a time when children “experience considerable modifications in the construction of their family unit.” It is then at the mediator and the family’s discretion the degree to which children are involved in the process. It is the mediator’s role to ensure both parents have their input on this decision.
Parents. Some couples engage private mediators while others “are served by court-appointed or supervised mediators” (Schoffer, 2005, p. 325). The mediator should always ensure there is a “facilitation of a healthy exchange” so to create two willing parents. To perform a “family mediator’s role,” the mediator should have training in aspects of family conflict and child development, as well as their impact on a parental unit. The mediator needs to make sure both parents feel heard and are not giving more than they are receiving, as long as it is in the best interest of the

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