Mediation

Early Neutral Evaluation (ENE) and mediation are “Alternative Dispute Resolution” but they have some major differences.  Both processes are designed to resolve the conflict but in different ways. An ENE takes place within the court processes and has some involvement of the judge (the Court) within the process itself, while mediation is a process that does not involve the judge until the parties bring their agreement to the Court for finalization. There are differences in how each process is done. Mediation is a collaborative conflict resolution [...]

Mediation should never be tried if there is domestic violence resulting in bodily harm, particularly if there are repeated incidents.  Mediation might be considered a safe alternative if there was a one-time incident not resulting in bodily harm to help parents make decisions involving sharing of children and arranging safe no-contact exchanges. If a judge feels mediation might be a safe alternative for parents, a judge might request the parties to enter mediation. Anyone can refuse mediation if they are afraid and there is a history [...]