Follo mediation
Disputes over custody, access and maintenance can be settled in court. This is known as follo mediation. The mediation is attended by a judge specialising in mediation and a social worker or psychologist. A lawyer may also be involved to assist you.
Mediation often lasts several hours. It is intended to be a very conversational session and to give parents the opportunity to resolve an escalated situation with the help of experts. The facilitators should not be too vocal, but rather support the parent in the mediation process.
Preparing for mediation with a lawyer in a children's case
However, it is wise to be prepared for a Follo mediation by consulting a lawyer in good time. A lawyer who specialises in children's matters will be able to give an assessment of which of the other party's claims are reasonable and which are such that they would never be accepted in court. It is also a good idea to go through your own claims and see whether they could be achieved through the courts. It is worth bearing in mind that if a mediated solution cannot be found, the only recourse is to bring the actual child dispute before the district court.
When you are worried about your own child, you often need outside help. It is good to get an objective opinion from a lawyer on your own ideas. This is often the most important stage of mediation.
As the mediation progresses, there will be breaks during which the facilitator will give his or her views on the progress of the mediation. The facilitator's role at the mediation table is also to give his or her views on the issues being discussed - for example, the other party's claims. It is also not entirely unusual for the other party's counsel to become overly aggressive and seek to ”win at all costs”. In such cases, it is up to the opposing party's own counsel to intervene.
Successful mediation in a child case
If the parents are able to reach an agreement in mediation, the judge will draw up an agreement that specifies the exact visiting hours, custody and maintenance payments. In a stressful situation, going through the calendar can be difficult. The role of the facilitator is to go through the calendar with the parent and help find suitable dates for meetings. The agreement should be detailed enough to cover not only normal appointments but also those during holidays and vacation periods.
A dispute over a child is often the most significant legal dispute you may face in your life. This is why you should prepare carefully and contact a lawyer well in advance. The best outcome is achieved when both parents have prepared carefully for mediation and when the mediator contributes his or her expertise to an amicable solution.
It's always a good idea to hire a good lawyer for a custody dispute. We handle child disputes Lawyer Samvel Margarjan. You can always call him free of charge, p. 010 299 5090.
Related articles:
Who is the child's guardian?
Right of access or shared housing for children