Whenever there is a custody dispute in Nebraska and parents have not created a parenting plan amongst themselves or through their attorneys, mediation is required under the Nebraska Parenting Act. Mediation is the process of working with a neutral third-party mediator who facilitates open communication between the parties so that both parties can engage in a constructive conversation and create a mutually agreeable solution to their issues.
The Nebraska Parenting Act encourages parents to collaborate through mediation as an alternative to traditional courtroom litigation. By mandating mediation, the law ensures that the parents attempt to resolve their difference outside of a courtroom first. Mediation is not only a legal requirement but a valuable process that aligns with the Act’s purpose of promoting the children’s well-being and encouraging parents to cooperate with one another.
The goal of court-ordered mediation under the Nebraska Parenting Act is for parents to agree upon a parenting plan that works for that specific family in the best interests of their children. A parenting plan provides guidance on how the parents will co-parent from separate homes, outlining how they will share parenting responsibilities, time, and decision-making for their children. During mediation, the parties will discuss when a child will be with each parent regularly, during holidays, special events, and school breaks. The parents will also discuss how decisions will be made, how they will communicate with one another and the children, parenting time exchanges, etc. The parents will not only address any ongoing issues but will create a plan on how they will address future changes for the children as well.
Parents are encouraged to participate in mediation because they are experts on their children. The court’s primary consideration in any custody dispute is what is in the best interests of the child and mediation centers on this same principle. The mediation process guides the parents to focus on the needs of their child rather than their own differences. A mediator helps parents identify areas of agreement and work through points of contention in a productive way, keeping the children’s well-being at the forefront. The process often results in a parenting plan tailored to the children's unique needs.
In mediation, mediators are not the ultimate decision makers. The parties must come to an agreement on what is in the children’s best interests. If the parties do not agree, then the judge is left to determine the issues of the parties’ children in a courtroom battle. With this option, not only is the judge unfamiliar with the children, but custody battles fought in court can be costly both financially and emotionally. Mediation tends to be a quicker and less expensive option.
The Nebraska Parenting Act’s mediation requirement reflects a commitment to protecting children from the negative effects of parental conflict. By fostering communication and collaboration, mediation helps parents develop a parenting plan that puts their child’s needs first, reduces conflict, and creates a pathway for healthier co-parenting relationships. When parents actively participate in creating their agreement, they are more likely to adhere to the terms, which reduces future conflicts and minimizes stress for both the parents and their children. While not all mediation efforts result in an agreement, families may find that this process helps them figure out how to co-parent more constructively.
Our lawyers and mediators at McGill Law are here to help you through the mediation process, call us today at 402-548-5418.