Understanding Mediation Agreements in Child Custody: Are They Legally Binding?

Mediation is a process in which a third party, the mediator, assists parties to reach an agreement that can be enforced by the court. A mediation agreement is an extension of mediation, a step away from traditional litigation, that allows parties to mediate and enter into a binding and enforceable agreement. In a family law context, mediation is a common way that parents can address various issues surrounding child custody. Family members dealing with various issues will meet with a mediator and utilize their skills and knowledge to determine the best outcome for attracting a solution from both parties. It is an alternative form of litigation and many find it to be less time consuming, less expensive, and less confrontational than a full hearing. An obvious benefit to mediation is that it helps the parties save time and money. Going to court can take months, if not years while a mediation agreement can oftentimes be reached in a matter of hours or even days. Attorneys who represent clients in custody mediation are well-versed in alternative dispute resolution, such as mediation, as well as the law surrounding child custody. They can recommend an appropriate family mediator and offer insight regarding the best way to proceed. As previously mentioned, parties who select mediation are less likely to have a full-blown litigation on their hands. Rather, the parties represent themselves and together come up with a solution that works for both, while being monitored by a mediator. However, individuals are not required to attend mediation alone. At the very least, a parent should consult with a lawyer prior to mediation. Your attorney can help you understand the process, prepare a list of questions and concerns to take to mediation, and help in analyzing what a fair and reasonable solution may be. A simple and common question that parents should consider involve their work schedule. Can a parent work shifts and maintain a shared parenting arrangement? And how would that affect a summer vacation schedule? If a party violates a mediation agreement, it may be possible to go back to court and ask the judge to enforce the mediation agreement. In some states, the violation of a mediation agreement is not taken lightly and parties who violate mediation agreements can face a range of consequences. Keep in mind, however, that just because a mediation agreement has been entered into and signed, does not necessarily mean that the agreement is legally binding. In Pakistan, mediation is only legally binding if signed and witnessed by two witnesses. It is also advisable to have a third party, such as a legal counsel, supervise the signing of the mediation agreement and/or hold on to a copy of the agreement. The mediator or parties may also record the agreement in front of a police station or notary public. All of these mechanisms will add to the validity and enforceability of a mediation agreement. It is possible to go back to court if the other parent refuses to abide by the mediation agreement and it does not appear that he/she will change their mind and follow the custody plan. In Pakistan, however, there are limited situations under which a family court will override a custody order in favor of the parents. These include: extreme mental or physical abuse, nullification of the marriage, fiscal insolvency, being a drunkard, or any illegal activity that negatively affects a child. If you are in a custody dispute then consider mediation or an alternative resolution solution to mitigating the stresses and anxiety that accompany a full-blown custody litigation. Even if your case is proceeding toward litigation, it’s best to attempt to resolve as much of the case as possible through settlement.