When there is a conflict that cannot be resolved between two parents regarding their children, the parties could be ordered by the court to engage in mediation. The goal of the mediation is partially to assist in avoiding the frequency of cases that return to court, and to increase the level of compliance with court orders. When parents are continually having trouble with regard to parenting time, visitation, child support payments or other issue that could impact parental rights, or when there is a violation of existing court orders, mediation may be ordered as a first step.
The court will not order mediation if there is an accusation of child abuse or neglect, emotional abuse, or serious psychological abuse. When the best interest of children is the guiding principle, an accusation of violent behavior is a serious matter.
In mediation on child support, mediation and enforcement of orders, the mediation must be held privately, and all written and oral by any party present is privileged and confidential, and cannot be disclosed except under specific circumstances, as outlined in § RSA 328-C-9.
The mediator assisting in the process cannot make any decision or impose a settlement upon the parties engaged in the process. The mediator is given the responsibility to focus the attention of the parties upon their needs and interests, and not upon their specific positions. The settlement reached will be voluntary, decided by the two parties involved, signed and then will be filed with the court.
If you have been ordered to mediation on a child support, child custody or visitation matter, contact a New Hampshire mediator from Kalled Law Offices, PLLC.