Custody

Usually, the mediator has the power to decide who else besides you and the other parent gets involved in the mediation. In many counties, if you have a lawyer, the lawyer has the right to talk to the mediator before the mediation but the mediator has the option to exclude (remove) the attorney from the mediation if s/he believes that it is appropriate or necessary.¹ In other counties, the mediation is always done without the lawyers present but any agreement that you and the other parent come to cannot be given to the judge until your lawyer has approved it.²

The mediator usually also has the right to interview the child(ren) if s/he believes it is appropriate.¹

In most counties, the mediator must keep confidential what was said during the mediation (except if s/he has to report child abuse allegations). However, the mediator will tell the judge if you do not show up, which could have an effect on your case and could cause you to be punished by the judge.³ Therefore, it is important that you appear for the mediation date just as you would appear for your court date.

¹ F.J.D.C.R. 25(7)(B) & (C); WDFCR 53(7)(b) & (c)
² 4JDCR 5(5)(a)(3)
³ F.J.D.C.R. 25(9)(A) & (10); WDFCR 53(9)(a) & (10); EDCR 5.70(e) & (j)(3)