Professor Andrew Schepard wrote the following column for the New York Law Journal.
Law and Children
New York Lacks Strong Mediation Component in Child Custody Cases
By Andrew Schepard
New York Law Journal
May 13, 2009
California’s choice to make mediation the focal point of child custody dispute resolution has profoundly influenced the divorce and custody policy of virtually every state – but not New York. New York judges are not, for example, authorized to order parents to mediation. We have no statutory guarantee of confidentiality for mediation communications. We do have some pilot programs for child custody dispute resolution and many New York parents are also referred to community mediation centers, but overall, we rely on a primarily adversarial, court determination-based method of dispute resolution.