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ACCORD
A Center for Dispute Resolution, Inc.  Out of Conflict Grows Resolution |
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FAMILY
MEDIATION In ACCORD Family Mediations, parents and/or extended family members meet with neutral mediators to discuss parenting arrangements such as custody, parenting time (previously referred to as visitation), or child support, or other family concerns, and to seek a resolution that is in the best interest of the child(ren) and that is acceptable to all parties. As they facilitate these discussions, ACCORD's mediators encourage the parents to take a child-centered approach to the mediation. That is, mediators ask parents to set aside their own, personal relationship issues and focus instead on the needs of the child or children (click here to see a Child-Centered Model of Mediation). In addition to the Family Mediation Services listed below ACCORD now has a Divorce Mediation Program that assists couples in a forward- looking process designed to help couples communicate more clearly, explore options, and focus on the practical details of what they will need in their new lives. In all ACCORD mediations, participation by the parties is a voluntary process Mediation is confidential except for allegations of child abuse. Referrals to ACCORD: Many parents seek ACCORD's mediation assistance on their own - without referral from the Family Court. Such individuals often choose the mediation process, rather than going through the court. Other individuals may be just starting or may already be involved in the court process. In the latter cases, if the parties advise the court that they are seeking mediation assistance, the court may adjourn the matter to allow the parties time to try and reach their own agreement prior to an order being made. The courts in Broome and Tioga County rarely mandate mediation. If they do, such an order requires that the person must at least contact ACCORD and explore the mediation process. However, even when mediation is mandated, ACCORD's mediation process is still voluntary. |
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When parties are referred to mediation by the court, the ACCORD staff will encourage parties to try the mediation process to see whether mediation may be of assistance in resolving the disputed issues. It is important to note that even if the court refers parties for mediation, the parties are not under any order to reach an agreement. Nor is the participation, or lack of participation, of either party reported to the court. Screening for appropriateness:
Cases in which current
domestic violence is present in the relationship are not appropriate
for mediation. Because of the danger to a party who is being victimized,
domestic violence issues can never be mediated. Additionally, even
when other issues are being discussed, the power imbalance in the
relationship may make mediation inappropriate. ACCORD encourages anyone
involved in a relationship where domestic violence is present to use
existing community resources to gain safety and support. Agreements and Reporting: If the parties reach an agreement during mediation, the mediators help the parties define the specifics of this plan. For example, it is generally not sufficient to say that the child will visit the mother on Tuesday evening. The agreement needs to detail whether the children will be taken to her house or whether she will pick them up, at what time, and how and when will they be returned to the father, what will occur if they have a school or other activity, and whether summer plans will be different, etc. The mediators and staff will prepare the agreement in a format that has been approved by the family court and that addresses all of the specific issues the court wants discussed. Even if the parties cannot come to agreement on all of the issues, mediation may help them save time in court and can encourage further cooperation in planning for the children. Once again, if parties are mandated to mediation by the court and either party chooses not to participate, ACCORD reports to the referrer only that no mediation took place. ACCORD does not identify the party who wished or did not wish to participate in mediation. ACCORD's Family Mediation Program offers the following mediations:
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