Family Court Mediation Program

Frequently Asked Questions

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What is mediation?
Mediation is a private, voluntary process that allows parties to meet with a neutral third party who will help them work through conflicts and come to an agreement on issues in their case. Success of the mediation depends on the participants’ willingness to work cooperatively to reach an agreement. Participants can expect mediation sessions to last up to two (2) hours.
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What does a mediator do?
A mediator helps open the lines of communication between parties to discuss issues, explore options to resolve differences, and reach a final agreement on matters before the court. The mediator is a neutral third party, which means the mediator cannot take sides in your case.
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Who attends mediation sessions?
In addition to the mediator, only the people named as the plaintiff(s) and the defendant(s) on court documents may attend the mediation sessions. If you are represented by an attorney, you are able to consult with the attorney at any time in the process and to review any agreement.
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What are the benefits of mediation?
The outcome of a case is determined by the parties, not by a judge.
Any agreement reached will be something that works for the parties’ particular family situation.
Mediation is typically less costly than litigation.
Mediation can be less time-consuming.
The process is private.
Mediation often improves communication between parties.
Mediation promotes cooperation in decision-making about children.
Mediation can reduce conflict between parents, which benefits the children.
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Can we meet with a mediator before filing a case in Family Court?
If you do not have a case pending in the Family Court yet, you and the other party may be interested in meeting with a private mediator to work out an agreement before you file your case in the Family Court. The Rhode Island Mediators Association has an online directory of local mediators with contact information. Visit www.rimediators.org/directory or call (401) 253-2458 for more information.

The Family Court employs skilled mediators, but you must have a case pending before the court to use the mediation services. If two (2) parties have never been married to each other, share a child in common and live in either Providence/Bristol or Kent County, the case will automatically be referred to the court-based mediation program. This type of case is known as a “Miscellaneous” case and the case number will have an “M” at the end.

If your case involves divorce or a motion to change an existing court order, on the day of your hearing you may ask the judicial officer to refer your case to mediation.
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How are court mediation sessions scheduled?
New cases involving child custody, placement, and parenting time. The court requires new cases filed in Providence/Bristol and Kent Counties involving child custody, parenting time, and child placement (such case numbers end with the letter “M”) shall be referred for mediation. Once the court receives proof that the summons was served upon the defendant, the case will be scheduled for mediation. Cases may be screened out for various reasons and may be referred to mediation after hearing.

Notification of the mediation date will be sent to you, the other party, and any attorneys involved in the case by email. Mediation referrals are treated like court orders, so your attendance at the mediation session is required.

Mediation referrals from a judicial officer. Sometimes a judicial officer will refer your case to mediation on the day of your court date. If that happens, you and the other party may be directed to meet with an available mediator. If a mediator is not immediately available, your case will be referred to the Mediation Unit to schedule a future session.
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Where are mediations held?
Mediation sessions are offered virtually via Webex and in certain situations, in person appointments are available. In person appointments may be conducted at any of the Family Court locations depending on availability of staff and meeting space.
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Do I need an attorney?
You should consult with an attorney when possible. Attorneys help clients understand the law and make informed decisions, prepare orders for the judge’s signature, and complete the legal procedures necessary to protect your legal interests. Attorneys typically do not attend mediation sessions, but may be available to clients before, during, and after the mediation.
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What should I do if there is domestic abuse in my case, and I have questions about mediation?
If you have experienced domestic abuse and wish to have your case mediated, safe mediation is possible with precautions. If needed, the court may schedule separate arrival and departure times for you and the other party. The mediator can also meet with each person individually in separate rooms whether conducting the mediation virtually or in person.

If your case has been referred to mediation and you would like the mediator to put safety measures in place for your session, please contact the Mediation Unit at (401) 458-5032 in advance.
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May a mediator give legal advice?
Only an attorney may give you legal advice. A mediator cannot give legal advice at any time and does not represent either party. The mediator only helps mediation participants talk, explore issues, discuss possible solutions, and reach an agreement.
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What happens at the end of our mediation session?
The parties may end a session with full agreement on all issues, partial agreement, no agreement, or a decision to continue mediating at another session.

If you come to an agreement on the day of your mediation and you have an attorney, you will review the terms of the agreement with your attorney. The attorney will reduce your agreement to writing. The attorney has the responsibility to submit the necessary paperwork to the court to have the agreement become a court order.

If you come to an agreement but do not have an attorney, the mediator will provide the parties with a general summary of the agreements reached and the parties will have the responsibility to reduce those agreements to writing. The written agreement may be presented to the court to be approved as an order.

If your agreement is approved and signed by the judicial officer, the agreement becomes an Order of the court. Your agreement is not binding until the agreement is approved and signed by the judicial officer.
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What if we cannot agree on all issues?
Most mediations end with a full or partial agreement. Even if only a partial agreement is reached through mediation, this still helps to narrow the issues and limit the time and money spent on your case. If no agreement is reached, the matter is referred to the trial calendar.
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Is a mediation agreement binding?
A mediation agreement is not binding until the agreement is approved and signed by a judicial officer. At this point, the agreement becomes an enforceable order.
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How should I prepare for mediation?
To settle a case involving divorce, child custody, child placement, or parenting time, you will need to participate in making a series of decisions. Those decisions may affect your future finances, time with your children, care of your children, or support of your children. By taking the time to think through the issues and gather important papers, you can help the process move along more quickly. Preparation will help you remember all the issues and details that are important to you when your mediation takes place.

If you have an attorney, the attorney can help you decide what issues you need to think about and what documents you should bring to the mediation. Attorneys are encouraged to meet and prepare clients before mediation begins, to be available by telephone, and to be present or available after the mediation to discuss any settlement. Your attorney may send your assigned mediator important documents and a summary of your position before your session takes place.

Please see the following documents found on the Mediation Program home page for further information: Preparing for my mediation session; preparing for mediation involving child custody or placement; preparing for mediation involving divorce; and preparing for mediation involving parenting time with your child.

If you have any questions before your mediation, please contact Mediation Unit at (401) 458-5032.