Family Court cases in Clark County, State of Nevada are governed by the Eighth Judicial District Court Rules (“EDCR”), and EDCR § 5.306 governs mediation in family law cases within Clark County. EDCR § 5.306 (a) states that mediation is mandatory either through the Family Mediation Center (“FMC”) or private mediation.
The purpose of mediation is to resolve issues pertaining to custody including, but not limited to the following: legal custody, physical custody, exchange location and protocol, holiday timeshare, vacation timeshare, etc. Generally, unless parents participate in private mediation, child support cannot be discussed at FMC.
Mediation is not about winning, but meeting in the middle. Mediation gives parents an opportunity to set aside their differences and focus on the specific needs of their child rather than have a Judge rule who does not know the child or the family. As an example, we had a case where the child’s favorite animal was a racoon and Dad learned that National Racoon Day is October 1st. So, when he entered into mediation with his co-parent, he asked for and it was agreed that he would always exercise National Racoon Day with the minor child.
Before you go into mediation you should prepare ahead of time. Review the existing pleadings to determine if the other parent has stated anything regarding the custodial issues. Create a list of things the other parent wants and compare it to what you want. See if there is room to negotiate or meet in the middle on some issue and make note of it so you are ready to discuss it at mediation. The goal of writing it down and creating lists is so that mediation is less stressful. When going in with a plan, you will be more controlled, engaged, and able to focus on the best interest of the minor child.
At mediation, listening and understanding what the other side is actually asking for is another big part of mediation. When emotions run high, listening and note taking will help you understand the other sides point of view which in turn can lead to better results.
Many times, both Parties are talking about the same outcome just in a different manner and that what leads to conflict. Most importantly, remember every decision made in mediation affects your child’s future. Keeping your child’s needs in mind should help you stay calm and committed to trying to come to agreements. Remember, resolving any portion of the custodial issues at mediation will reduce litigation costs and time.