Child Custody Mediation in an Iowa Divorce

If you and your spouse are having trouble reaching an agreement, consider mediation. A mediator is trained in dispute resolution and specializes in helping people reach an agreement that is fair and will last. The sessions are confidential. The mediator's role is not to take sides, but to bring the two sides together.

A mediator's role can be limited to specific issues in divorce, such as custody or the division of marital property, or a bundle of divorce issues can be negotiated with the use of a mediator. Bear in mind, however, regardless whether the mediator is an attorney, mediators’ roles are as neutral third parties who facilitate couples in coming to agreement on divorce issues. A mediator’s role does not (and cannot) include providing legal advice to you, as a couple, or as an individual. Any legal advice you or your spouse need must be sought outside the mediation process.

Finally, mediation is not appropriate in cases where there is physical or sexual abuse of a child or one of the parties. It is important to have a legal advisor for advice in these circumstances.Court Ordered Mediation

The court has the power to order you and your spouse to go to mediation even if you do not ask for it or want it. This is true whether

• your case is just starting;
• you are requesting modification of an existing order; or
• or you are filing a contempt action.

You should be aware, however, that if mediation is ordered by the court at the initial proceeding it will most likely prolong the legal process by stopping all other actions until the mediation is complete. The court has the power to order one or both parties pay for the mediation.

Iowa’s family law seeks to encourage parents to maintain responsibility for their decision making, improve their communications with and about their children, and commit themselves to the decisions they reach. The belief is that the best interests of children are served by maintaining maximum contact between children and both parents and with a minimum of parental conflict. (IA Code 1159, Sec. 1) The Iowa General Assembly determined that mediation should be utilized to the greatest extent possible in the resolution of domestic relations disputes in the state. (IA Code 1159 Sec 2)