Idaho Supreme Court

Mediation

Mediation is a process in which an impartial third person, known as a mediator, is appointed by the courts to help parties move toward a mutually acceptable agreement about custody and visitation.

This page explains how the mediation process works, including that it is confidential and that each party has an equal role in decision-making, and sets out what a mediator will and will not do.

It also walks through the steps to schedule a mediation, brief focused assessment, or parenting time evaluation with a professional provider. These services are governed by the Idaho Rules of Family Law Procedure, and providers maintain their own hours of operation.

Overview

Mediation is a process where a third-party person, known as a Mediator, is appointed by the courts to help parties move toward a mutually acceptable agreement about custody and visitation. Disagreements are usually settled based on power, rights, or interests.

Disputants who don’t have to deal with each other ever again often settle disputes using power or rights. Disputants who deal with each other after settlement are more willing to settle disputes in a way that gives some satisfaction to all sides. Mediation is not based on power or rights. Agreements which are somewhat satisfactory to all involved are important for people who will have dealings with each other after settlement.

Schedule a Mediation/BFA/PTE

So you’ve been ordered to do Mediation/BFA/PTE with a Professional. Now what?

Follow the steps below to schedule a Mediation/BFA/PTE.

  1. Contact Family Court Services

    Call FCS at (208) 236-7416.

    Provide a copy of your court order.

  2. Submit a Funding Application
    Apply for financial assistance & provide proof of income.
    Financial Assistance Application (PDF)
  3. Professional Provider
    If needed, Family Court Services may help assign or coordinate a professional provider.
  4. Notice of Assigned Provider
    Family Court notifies parents of assigned provider & parents should contact provider to schedule.
  5. Mediation/BFA/PTE Scheduled
    Mediation, a Brief Focus Assessment, and a Parenting Time Evaluation have been scheduled.

Important Info

  • These services are governed by the Idaho Rules of Family Law Procedures.

  • Professional Providers are contractors with the court & maintain their own hours of operation.

  • Please follow up with an attorney if you have legal questions.

Mediation Process

The mediation process is confidential and involves both parents meeting one or more times with a court-approved mediator.

  • Each party has an equal role in decision-making during the mediation process.

  • As a neutral party, the mediator works with the parents to find areas of agreement for a parenting plan.

  • Agreements reached can be drafted by the mediator and provided to the parents and/or attorneys.

  • Mediated agreements will need to be entered properly in the court file and finalized by an order by the judge.


To make the most out of the mediation process:

  • bring up and discuss your issues and concerns

  • focus on what your children need to thrive (in custody matters)

  • brainstorm options which meet the other party’s needs as well

  • consider many possibilities–be creative–no threats or ultimatums

  • show respect to the other party–no blaming, no name-calling, no put-downs

  • focus on the future instead of getting stuck on what went wrong in the past

  • be honorable–say what you mean and mean what you say


You are strongly encouraged to have your attorney advise you throughout the mediation process and review any agreement reached in mediation. Depending on the number of issues, agreement can generally be reached in 5 – 10 hours. The fewer the issues, the faster the process.

Mediators dos & don’ts

Mediators do:

  • level the playing field by managing the process

  • let you talk without being interrupted

  • clarify concerns to avoid misunderstandings

  • help you get a fresh look at options

  • provide a realistic understanding of what happens when mediation doesn’t work

  • keep confidential what is discussed in mediation

  • draft up any agreements you make

  • report to the court whether or not an agreement is reached


Mediators don'ts

  • make decisions for you

  • give legal advice

  • fix personalities or relationships

  • take either side

  • pressure you to agree to something you don’t really want

  • testify in court