Can custody specify third-party mediation reviews every two years?

In a shared custody arrangement, maintaining the child's best interests is a priority. However, disagreements or changing circumstances can lead to tensions between parents, affecting the child’s well-being. To address this, custody agreements may include provisions for regular reviews by a neutral third party, such as a mediator, to assess the effectiveness of the arrangement. These reviews, conducted every two years, can offer a structured approach to resolving conflicts, adjusting parenting plans, and ensuring that both parents continue to meet the child's evolving needs.

Including third-party mediation reviews in a custody agreement can be a proactive step in preventing prolonged disputes and ensuring that the child’s environment remains stable and conducive to their development. Mediation reviews are typically non-adversarial and offer an opportunity for both parents to work together towards common goals with professional guidance.

Guidelines for Including Third-Party Mediation Reviews in Custody Agreements

Setting a Two-Year Review Cycle

• Regular Assessments: A custody agreement can stipulate that a third-party mediation review be conducted every two years. These reviews can focus on evaluating how well the current arrangement is working, identifying potential areas of conflict, and ensuring that the child’s best interests are consistently prioritized.
• Flexible Adjustment: The reviews should be designed to allow flexibility based on the child’s age, developmental needs, and any significant changes in the parents' or child’s circumstances. For example, the agreement might state that if major life changes (e.g., a parent relocating or a significant shift in the child’s academic or social life) occur before the two-year mark, an earlier review could be triggered.

Purpose of Mediation Reviews

• Conflict Resolution: The primary goal of mediation reviews is to address any conflicts between the parents, especially when disagreements arise regarding custody schedules, decision-making, or any other aspect of parenting. A neutral mediator can help facilitate constructive conversations, leading to mutually acceptable solutions.
• Child’s Best Interests: The mediator’s role is to ensure that the child’s emotional, physical, and psychological well-being is central to any decisions made. The review can help assess whether the current custody arrangement is meeting the child's needs, whether any adjustments are necessary, and how the parents can improve their cooperation.
• Legal Compliance: Mediation reviews also serve as a check to ensure that both parents are complying with the custody agreement and parenting plan. This can help prevent one parent from feeling marginalized or taken advantage of in the process.

Choosing a Neutral Third-Party Mediator

• Qualification of the Mediator: The custody agreement should specify the qualifications of the mediator, such as certification in family law mediation or experience in child custody disputes. The mediator must be impartial, ensuring that both parents feel their concerns are heard and respected.
• Neutrality: It is essential that the mediator has no previous relationship with either parent to avoid any bias. A neutral third party, such as a licensed family therapist or experienced mediator, can provide an unbiased perspective and facilitate productive discussions.
• Mediator’s Experience with Children: A mediator with experience in working with children and family dynamics will be better equipped to understand the emotional and developmental needs of the child. They can provide insights on how custody arrangements may impact the child in both the short and long term.
• Confidentiality: The agreement should ensure that the mediation process remains confidential. This allows both parents to speak freely without fear of information being used against them in court or elsewhere.

Implementation of Mediation Findings

• Actionable Recommendations: After each review, the mediator should provide actionable recommendations that both parents can agree to follow. These recommendations could include minor adjustments to the custody schedule, changes to decision-making authority, or suggestions for better communication strategies between parents.
• Voluntary vs. Court-Ordered Mediation: The custody agreement can specify whether the mediation is voluntary or whether failure to comply with mediation recommendations could lead to court involvement. While most mediation outcomes are non-binding, both parents may agree to make the mediator’s suggestions legally enforceable.

Reviewing the Custody Arrangement

• Assessing Changes in the Child’s Needs: As children grow and their needs evolve, it is important for parents to periodically reassess their custody arrangement. Mediation reviews provide a structured opportunity for this reassessment, ensuring that changes in the child’s schooling, health, or emotional needs are considered.
• Addressing Parental Concerns: The review process should also allow parents to voice any concerns they have about the current custody arrangement. Mediation helps parents to express their concerns in a neutral, productive manner, and allows both parties to collaborate on a solution.

Enforcing Mediation Recommendations

• Post-Mediation Follow-Up: After the mediation review, it is important to have a follow-up plan. This might include scheduling a second meeting to check on the implementation of the recommendations or setting up additional sessions if further mediation is needed.
• Court Review: If the parents cannot agree on the implementation of the mediator’s recommendations, they can agree in the custody arrangement to return to court for a formal review of the decision.

Legal Considerations for Third-Party Mediation Reviews

Court-Ordered Mediation

In some jurisdictions, family courts may order mediation as part of the custody process. However, including regular mediation reviews every two years in a custody agreement provides a proactive solution to prevent future disputes. Courts are likely to respect the parents' decision if both parties agree to this structure.

Enforceability of Mediation Agreements

While mediation results are typically non-binding, parents can agree in the custody document that any agreements made during mediation will be implemented and respected by both parties. If one parent fails to comply with a mediation decision, the other parent could request that the court enforce the mediator's recommendations.

Impact on Custody Modifications

Mediation reviews can also serve as a basis for future custody modifications. If significant changes are recommended during a review, parents can petition the court to modify the custody arrangement formally, ensuring the child’s evolving needs are met.

Example

Suppose two parents, engaged in a shared custody arrangement, have experienced ongoing disputes over the child’s extracurricular activities and school choices. The custody agreement includes a provision for third-party mediation reviews every two years.

Steps the parents take:

• Third-Party Mediation Review: At the end of two years, both parents agree to participate in a mediation session facilitated by a neutral, certified mediator specializing in family law. During the session, the mediator assesses the current custody arrangement and discusses the challenges both parents face.
• Review of the Child’s Needs: The mediator reviews the child’s academic progress, emotional well-being, and extracurricular activities. They suggest that the custody schedule be adjusted to accommodate the child’s growing interest in a specific sport, ensuring both parents share decision-making power in these activities.
• Actionable Recommendations: The mediator provides a recommendation that both parents agree to, including a more flexible weekend schedule and a compromise on which extracurricular activities will be supported. The recommendations are recorded and signed by both parties, and the parents agree to follow them.
• Implementation of Recommendations: Six months later, both parents check in to ensure the new arrangement is working. They notice that the adjustments have benefited the child, and they continue to follow the new schedule without further conflict.

By incorporating third-party mediation reviews into the custody agreement, parents can create a proactive system for resolving conflicts, adjusting the arrangement as needed, and ensuring that the child’s best interests remain the focal point of the arrangement.