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Sunday, January 27, 2008

Ind. Courts - Mediation of family court disputes

Deb Kelly of the Terre Haute Tribune Star reports today on the use of mediation in Vigo County family court disputes. The long story begins:

Some of the most contentious and time-consuming court proceedings in Vigo County are not high-profile criminal cases, but rather, the hundreds of custody, divorce and paternity battles that rage off the radar each year.

As the overwhelmed courts struggle to find time for family legal issues, a little-known resource is working hard to clear the court caseload and make the process less painful for the families involved.

The Family Court Project of Vigo County, which began in 2004 as part of a pilot program of the Indiana State Supreme Court, helps the courts identify families that can benefit from a more informal method of resolving disputes — namely, mediation.

Mediation is a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution.

The neutral third party, the mediator, sits down with the family members – in a custody dispute, usually the two parents – and helps define the issues, needs and desires of each party. Sometimes attorneys are involved, but often the parties do not have representation.

Whatever agreement is reached has to be agreeable to both parties. The mediator is not a judge and cannot make a binding ruling, but if both parties in a mediation work through the process and compromise, the outcome is positive, according to family law mediator John Roach. Roach, who also serves as Terre Haute City Court judge, has been mediating family and civil cases since 2006.

Posted by Marcia Oddi on January 27, 2008 09:16 AM
Posted to Indiana Courts