In my last blog, I discussed the arrival of presumptive mediation as a mandatory addition to New York divorce cases. Presumptive mediation for family court cases on custody has now arrived in New York, as of the fall of 2019. So far, this is how I have seen this implementation work in the Nassau County family court. When custody cases are filed, whether it’s for a modification of an existing custody arrangement, or it’s a new custody case, the first court appearance will be schedule for mediation. A neutral mediator will be assigned to the case that can work for the court, and the case will be scheduled. The parties will be entitled to have their lawyers in the mediation if they choose. If the court has assigned an attorney to represent the child or children in the case, they will be able to attend the mediation too.
In the family court of Nassau County, parties will have the option to opt out of presumptive mediation. In cases that involve serious allegations of domestic violence, or similar conduct that would lead to an Order of Protection case in family court, mediation might not be a suitable solution. I have witnessed custody disputes in Nassau County that have still been referred to mediation after a Final order of Protection had been entered. However, the referral in that case took place prior to the enactment of the Mandatory Presumptive Mediation program. Both of the parties in the case agreed to attend mediation. Continue reading