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Can a Mediated Agreement be Overturned?

In Child Custody, Separation & Divorce by Sarah Hink

In cases involving child custody or visitation, courts almost always require parties to engage in mediation with a third party mediator. The only exceptions to this are when “good cause” exists to forego mediation, such as a history of domestic violence, certain criminal convictions, substance abuse, or child abuse or neglect. Mediation is generally a good option for resolving a child custody or visitation dispute. In fact, the stated purpose of mediation is to: “reduce any acrimony that exists” between the parents; facilitate custody and visitation agreements that are in the child’s best interest; “provide the parties with informed choices” and to allow the parties to make decisions for themselves instead of relying on the court; “provide a structured, confidential, nonadversarial setting that will facilitate the cooperative resolution of custody …