Court Mediation in family intervention

In many other courts there are mediators who are called child custody recommending counselors,because they will make recommendations to the court regarding custody and parenting time if the parents can't agree.

In those courts mediation is referred to as Child Custody Recommending Counseling. When I feel that the parents aren't going to agree,then it's important for me to gather as much information as possible regarding the issues that they present,whether it be legal custody or physical custody.  We want to get information so that we can make the best recommendations possible for the parents' consideration and for the court's consideration. The goal is to help parents reach an agreement because they are the people with the most information and the most investment, and the most emotion. At best a judge is a stranger. We can be an educated stranger, we can listen as well as we can,but we are never going to be that child's parent. So we are a second-best choice for making a decision about children.

In all courts parents will be notified before the start of their mediation how the outcome of mediation will be handled, and any limitations to confidentiality. We certainly want to do everything we can to protect the confidentiality of families,and we're very careful when they come in as to the information that they write on their intake forms or even the reports that we might write. And so there are protocols in every county as to how to handle that. The other side of confidentiality that I explain to them is that I will be writing a report that they are going to receive.

Either it's going to be a report that's based on their agreements,or my recommendations if they don't reach an agreement, or a combination thereof. And I explain to them that they get this report; if they're represented by attorneys,their attorneys will get the report, and the court will get the report as well. Also, our reports will be in a confidential section of the court files,so they don't have to worry about strangers coming to the Clerk's Office and asking to see what happened in their mediation. If we learn during the course of a mediation session that someone is being abused, particularly a child,then we may be obliged to contact authorities and let them know, and in that case confidentiality would not apply.

If recommendations regarding custody and visitation are made,the child custody recommending counselor is required to give the parents and any attorneys a copy of the report with recommendations prior to the court hearing. [Judge] I have a copy of the child custody recommending counselor's report. [Woman (off screen)] It is important that parents check with their local court,and talk with a mediator and child custody recommending counselor about what happens to the information that is shared during mediation. We need hugs and kisses.