Mediation of a
Parenting Plan involves a structured discussion between the mother
and father of the child/ren and a third party neutral person (who
has received the state required training in mediation, is impartial
and is not representing either of the parties) who facilitates discussion
of the terms the parents will include in their Parenting Plan. This
is a confidential process, and the mediator by law may not testify
in court, nor reveal any of the discussion that went on during the
mediation session other than the terms agreed upon and a general reference
to items that may remain at issue between the parents.
According to the
Parenting Act enacted by the Nebraska State Legislature in 1994, to
qualify as a mediator in family matters a person must have a minimum
of thirty hours of basic mediation training, thirty hours of family
mediation training, and shall have served as an apprentice to an experienced
mediator. The mediator is also required to have general knowledge
of Nebraska family law regarding custody, visitation and general issues
pertaining to children and other knowledge defined in the Parenting
Act. (Parenting Act-Neb.Rev.Stat.43-2913 (1998)
In Douglas County
a Family Mediator must meet all these requirements, and must be approved
by the Mediation Committee of the District Court as required in Local
Rule 4.3D. The parents are charged for mediation services on a sliding
fee scale according to the needs of the parties. If you have special
financial needs, please be sure either you or your attorneys advise
us before we assign a mediator to your case.
A mediator may
offer information to the parents, but may not give legal advice, and
will set the structure and basic rules for fairness and constructive
communications in the session. For example, bad language, and abusive
behavior will not be tolerated, nor is one person permitted to dominate
the discussion, forcing conditions and/or terms to be included in
the plan without the other person having the right to discuss and
disagree.
Should you have
further questions about the mediation process please call 444-7168;
it is helpful if you leave a message to include the docket and page
number of your case along with your phone number.