Review: Third Party/Visitation and Modification After Troxel, state cts must give deference to fit parents’ denial of visitation request to 3rd party. MD statute has been held unconstitutional as applied to order visitation over reasonable denial by fit parent Modification Test substantial and material change in circumstances? If so, court will take another look and best interests applies Relocation: When relocation prompts modif. request: important factors in best interests analyses. current custody/visit. arrange (joint vs. sole extent of visitation)and extent of disruption to non-custodial parent’s relationship w/child

Alternative Dispute Resolution and Custody April 6, 2004

ADR: Resolving Conflicts Without Resort to Litigation Negotiation: Two parties (usually through lawyers) seek to reach a settlement Arbitration: Neutral Third Party resolves dispute by rendering a decision after hearing from both sides Mediation: Neutral Third Party assists two or more disputing parties to reach a mutually agreeable settlement of dispute

Types of Mediation Problem Solving Transformative Evaluative

Mediation and Child Access Most states (including MD) now require parties to attempt to mediate child access disputes before resort to litigation See e.g. Md. Rule 9-205: “requires” parties to custody or visitation dispute to participate in up to two mediation sessions

Lawyers as Mediators Ethical Issues: Conflicts; Confidentiality; Non-Attorney “Practice of Law”; Mediation and Domestic Violence Training: Varies from jurisdiction to jurisdiction MD: -Need not be lawyer -40 hours of general mediation training plus 20 hours specialized training if child access mediation See: Title 17, Md. Rules Vol. 2 Practice Opportunities - Mixing mediation with traditional law practice - Building a mediation practice