Discuss the value of divorce mediation in child custody disputes
Answer:
Leaving the decision of child custody in a divorce settlement to the judge is problematic because what is in the child's best interest is only vaguely defined in the law. Many mental health and legal experts believe they serve children and the legal system better if they help settle custody disputes outside of court. In divorce mediation, parents meet with a neutral third party, who may be a mental health or legal professional, who helps them to identify, negotiate, and ultimately resolve their disputes. Mediators adopt a cooperative approach to dispute resolution, treating separated parents as parents rather than as legal adversaries. Mediation reduces custody hearings, helps parents reach decisions more quickly, and is viewed more favorable than litigation by parents. One randomized trial found that five to six hours of mediation causes nonresidential parents to remain far more involved in their children's lives and work together better 12 years later. Many states now require mediation as a more "family friendly" forum for dispute resolution.
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