Custody Mediation

Idaho Rule of Family Law Procedure (IRFLP) 602 defines mediation as “the process by which a neutral mediator appointed by the court or agreed to by the parties assists the parties in reaching a mutually acceptable agreement as to issues of child custody and visitation. The role of the mediator is to help the parties identify the issues, reduce misunderstandings, clarify priorities, explore areas of compromise, and find points of agreement. An agreement reached by the parties is to be based on the decisions of the parties, not the decisions of the mediator.”

1. Mediation is a way for divorcing parents to learn how to parent in a business-like manner.

2. The stress and anxiety associated with separation and divorce, particularly for children, is reduced when parents work together. Children’s normal fears about “losing” one parent are lessened when each parent’s relationship with the children is clearly defined.

3. Research shows that the successful adjustment of children is directly related to how well parents cooperate together and how regularly their parents are involved in their lives. Mediation encourages parents to recognize both parents have a continuing responsibility to plan for and be a part of the children’s future.

4. Parents are empowered to make choices that promote positive and lasting agreements. Parents are more likely to honor a plan of their own design rather than one imposed by the Court.

1. IRFLP 602(b) states “all family law actions involving a controversy over custody or visitation of a minor child are subject to mediation regarding issues of custody, visitation, or both.”

2. Residence schedules

3. Holidays and vacation schedules

4. The role of grandparents, step-parents, caregivers, and significant others

5. Education, medical, dental, and psychological decisions

6. After-school care and daycare

7. Safety concerns

8. Relocation and travel

9. Discipline and care

10. Child support and other financial obligations

1. Legal custody involves the decision-making rights each parent has regarding medical, dental, educational, and psychological care for the child(ren).

2. Physical custody involves how the parents spend time with the children.

Parents should refer to the Order to Attend Mediation within their case, as this will provide specific instructions from the presiding judge.

1. If your case has a mediator assigned by the court, then the selection has been made.

2. If your court order asks you to select a mediator, please reach out to Family Court Services for a roster of custody mediators or search the Supreme Court Child Custody Mediator Roster:
Child Custody Mediator Roster

3. If your court order asks Family Court Services to assign a mediator, please reach out for that selection information.

1. Funding for mediation is available for court-ordered cases in District 7 involving children and with a mediator on the Idaho Supreme Court Child Custody Roster.
   a. Child Custody Mediator Roster: Child Custody Mediator Roster

2. Parents ordered to mediation and seeking financial assistance are encouraged to apply for funding assistance (PDF)

With the aid of the mediator, the parents define the problems or issues, gather the facts, consider several options, and agree upon a plan that best meets the needs of the children. The mediator types up the agreement reached by the parents. Both parties are encouraged to review and discuss the agreement with their attorney. The agreement is then submitted to the Court for approval and enforcement as an Order of the Court. If the parties are unable to reach an agreement on all issues, a partial agreement may be prepared, and the unresolved issues may be submitted to legal counsel or to the Court for resolution.