What is Mediation?

Mediation is an informal, cooperative process for solving problems.  It is an opportunity for everyone involved to work together to reach agreements that are in the best interests of the child.  Mediators specially trained in child welfare cases will guide you through the process.

• Mediation may be used to resolve some of or all of the issues before your hearing.

• Mediation usually takes at least one two-hour session, but other sessions can be scheduled if the participants think it would be helpful.

• Reaching any agreement during mediation is voluntary.

• Mediation is confidential.

• Permanency planning mediation is free.

What Is a Mediator?

Mediators have good listening skills and can help people communicate their opinions and ideas.  They have special training to help people work together to explore the issues and plan what is best for the children and families involved in Child In Need of Assistance (CINA) and Termination of Parental Rights (TPR) cases. Mediators will not take anyone’s side and cannot make any decisions about what happens in the case. Often the mediators will prepare a written document for the parties that reflects the issues agreed upon in mediation.

Who Attends Mediation?

People involved in a child’s well-being may be ordered to attend the mediation session.  Additional individuals may be asked to attend, but only if there is agreement by all of the parties. Who attends mediation depends largely on the issues that need to be resolved.  Participants in a permanency planning mediation may include:

• Parents

• Children

• Lawyers

• Case Workers

• Caregivers

• Relatives

• Service Providers

• Special Advocates (CASA)

What Happens at a Mediation Session?

Participants ordered to mediation will receive a letter stating the date, time, and location of the mediation. At the mediation session:

• The mediators introduce themselves and explain the mediation process. 

• Participants introduce themselves.

• The mediators review the Agreement to Mediate, ask all participants to sign it, and answer questions. 

• Participants identify the issues to be discussed.  

• Mediators help participants come up with solutions that work for everyone.

• Mediators summarize resolved issues.

What Do the Participants Do?

Even if the court ordered you to attend mediation, it is not like a court hearing.  It is more informal than court. It is an opportunity for all of the parties to share ideas, talk about concerns, and try to find solutions together. To help the mediation progress smoothly, participants may want to consider the following:

• Speak honestly about the issues important to you.

• Be willing to listen carefully to others.

• Try not to interrupt.

• Be willing to consider new ideas.

• Help create solutions to problems.

• Try to talk about one issue at a time.

• Think about what will work now and in the future.

What Information Might Be Useful?

Information that you may want to share in the mediation includes:

• What are your family’s strengths?

• What kind of help do you need? (employment, housing, day care, transportation, etc.)

• Are you working or going to school?

• What is your schedule?

• Are there family members or friends that can offer help?

• Does your child have any special needs or interests?

• Do you have any suggestions for services that you or your children need?  Why do you think you need those services?

• Are there any family traditions observed on holidays?

What Will We Talk About in Mediation?

Participants decide what they want to discuss.  Some issues you might discuss include:

• Visitation plans and schedules

• Placement options for children

• Permanent plans for children

• Family/Case Worker conflicts

• Services for the child

• Services needed by the family

• Services needed by the caregivers

What is Confidential in Mediation?

The mediation session is confidential.  Nothing said during the mediation may be repeated or used in a court proceeding.  No one can ask the mediator or anyone else present during the mediation session to testify in court about what was discussed in the mediation.

There are exceptions to confidentiality:

• New allegations of child abuse or neglect

• Threats of harm to oneself

• Threats of harm to another person

• To state or to defend against claims of mediator misconduct or negligence

• Written agreements reached during mediation may be presented to the court

Talk to your attorney about what information you want to share in the mediation session.