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How to use a Third Party to Mediate the Child Custody Issues in Your Omaha Divorce


One of the most unconventional ways to move forward in your child custody case in Omaha is a child custody expert (most often a therapist or psychologist) who works with the clients outside of the presence of the lawyers to help the parties work through their custody issues. If you reach an arrangement your divorce lawyers can write it up as a formal agreement and order of the court.


Why Divorce Lawyers Do Not Like Third Party Child Custody Mediation

Most attorneys will not suggest this and many may caution against it if you suggest this as an option. There are valid legal reasons for your divorce lawyer to do this. The main objection is that you will compromise your rights or agree to something that you otherwise would not agree to with legal counsel. If this may be true in your case, or if you are uncomfortable talking about a custody resolution without your attorney, then you should not pursue this as an option. If, however, you feel comfortable with what you think your family needs and you are able to have productive communication with your spouse in this type of setting, then you should pursue this option in your case. When my clients in Omaha agree to this I always make myself available by phone and have them take a break and call me if they have any doubts. And, keep in mind, the agreement can always be made subject to attorney approval. With all these caveats, I have found third party mediation to be a much more efficient and cost-effective way for clients to resolve their custody issues.


When Mediation in a Child Custody Case is Not Appropriate

When using a third party to mediate your custody issues is just not appropriate, you will likely find yourself in a settlement facilitation with your lawyers and with another person, often another divorce lawyer, who will help the parties try to settle their case. Most often, all the other issues in your case that are still in dispute, along with your custody issues, will be part of this settlement process. It’s important to be clear about the outcomes that you want, but it is also important to understand that if you are to settle your case outside of court, then some compromise is required.