The Role of a Mediator in Resolving a Child Custody Battle

A divorce is anyway a bitter situation for all parties involved, and nobody feels happy with such a way to end the marriage. But sometimes divorce is inevitable, and cannot be avoided. There are some highly reputed Indianapolis Divorce law firms that can provide excellent legal services in case of a divorce.

But a divorce can get ugly and painful if there are children from the marriage, and there is no way to draw an amicable settlement regarding the thorny issue of child custody. If the two spouses are in direct conflict over the subject of child custody, it can get difficult to achieve the divorce peacefully in the best interests of everyone. Especially the children are the biggest sufferers when their parents fight a custody battle for them.

In an Indianapolis Divorce case, just as in most cases elsewhere, a mediator can play a crucial role in resolving a bitter child custody dispute. Mediators can be appointed by the court, or in some cases, the spouses may choose to hire a mediator themselves. It is critically important that the mediator must be specially trained in resolving divorce disputes such as child custody. Secondly, he or she must have adequate past experience and exposure to such cases. Only then the mediator may be able to achieve a breakthrough in such a tough situation.

Sometimes both spouses may hire their own separate mediators to support their own case, while finding flaws in the other spouse’s arguments. But that will hardly lead to an amicable resolution of the dispute if there are two separate mediators representing the two spouses. The best option would be to hire a common expert, who will mediate impartially and deal with both the sides with equal fairness and empathy.

Both spouses can make their own assessments before agreeing on the choice of the mediator, and meet the mediator individually. Once both are agreed on the mediator, then it is important to trust him and allow the mediator to do his job freely and fairly.

The duty of the mediator is to remain impartial and sincere to both the spouses, and not get biased due to any reasons such as gender or other considerations. The mediator has to be open-minded and highly receptive to the inputs of both the sides. The mediator must adopt a collaborative approach to the issue of child custody, rather than a competitive approach. His job is to involve and engage both the parents and remind them of their paramount duty of serving the best interests of their child.

A good mediator is also a good counselor as he can give sane advice to both sides and bridge the gap of understanding between them, and reduce the hostility and paranoia from both sides, and bring them to a common decision on child custody.