Court-referred mediation in New York City Family Court is a voluntary, confidential process in which a neutral mediator helps parties work through custody, visitation, parenting schedules, and related issues without asking a judge or referee to decide every disputed point. Both parties must agree to participate, the case must pass screening, and any signed agreement returns to Family Court for review. The program is free, but it is not available in every case and does not guarantee that the parties will reach an agreement.
At The Law Office of Ryan Besinque, our New York City divorce lawyer represents Manhattan parents and spouses in custody, visitation, support, family offense, and divorce matters. Attorney Ryan Besinque also helps clients compare mediation and arbitration when they are deciding how to resolve parenting or financial disputes.
This guide explains who qualifies for the program, how a referral happens, what a session looks like, how long it takes, what it costs, and what happens if mediation does not resolve the case. Call The Law Office of Ryan Besinque at (929) 251-4477 to speak with our NYC family law attorney about whether court-referred mediation fits your case and how to prepare for the process.
What Is Court-Referred Mediation in New York City Family Court?
Court-referred mediation is a settlement process offered through the court’s Alternative Dispute Resolution programs. A trained neutral mediator meets with the parties, helps them identify the disputed issues, and works with them toward an agreement. The mediator does not decide the case, give legal advice, or report the substance of the discussions to the judge. The mediator can report limited administrative information to court ADR program staff, such as whether the case was resolved in full, in part, or not at all.
The New York City Family Court Custody/Visitation Mediation Program accepts pending custody and visitation cases from Family Courts in all five New York City counties, including Manhattan. A judge or referee can refer the case, and either party can request a referral at any time during the case.
Court-referred mediation is confidential under 22 NYCRR § 160.3. The mediator does not disclose the substance of the discussions, but the rule allows limited exceptions. These include credible threats of serious and imminent harm, suspected child abuse or neglect, a written waiver signed by the parties, and disclosures needed for certain complaints or claims arising from the mediation.
Although mediation discussions are confidential, the court retains oversight of custody and visitation terms. New York courts apply the best interests standard under Domestic Relations Law § 240 and Family Court Act § 651, and a mediated parenting plan does not become a Family Court order unless the court reviews and adopts it.
Who Qualifies for Court-Referred Mediation in NYC Family Court?
To qualify for NYC court-referred mediation, the case must already be pending in Family Court, involve a matter accepted by the program, and have the consent of both parties. Each referral is also screened before mediation begins, so a referral does not guarantee that the case will proceed to a session.
What Types of Family Court Cases Are Eligible?
Custody and visitation petitions are the core of the program. Parties can use mediation to address weekly schedules, holiday time, exchange locations, school and medical decisions, travel, communication rules, and other parenting issues. A pending petition to modify an existing custody or visitation order can also be considered for mediation.
Mediation can address some child support responsibilities, but the NYC program remains focused on custody and visitation. Any proposed child support terms must comply with Family Court Act § 413. An agreement that differs from the basic child support obligation must include the required Child Support Standards Act disclosures, identify the presumptive amount, and explain the reason for the deviation before the court can incorporate the terms into an order.
What Cases Are Excluded from Mediation?
Screening determines whether both parties can participate safely and freely. The NYC Custody/Visitation Mediation Program does not accept cases involving:
- Intimate partner violence
- A severe power imbalance between the parties
- A temporary or final order of protection
Cases involving child abuse or neglect are not handled through the NYC Custody/Visitation Mediation Program. They might qualify for a separate Child Permanency Mediation Program, depending on program availability.
Attorney Ryan Besinque can review whether a pending custody or visitation case fits the program, explain how screening can affect a case involving safety concerns or an order of protection, and discuss the court process if mediation is unavailable.
Key Takeaway: A pending custody or visitation case can proceed to mediation only if both parties consent and screening finds the case appropriate. Cases involving child abuse or neglect might qualify for a separate permanency mediation program.
How Does the Referral Process Work in Family Court?
A Family Court referral is available once a custody or visitation case is pending. Parties seeking mediation before filing a case, or without a court referral, can contact a local Community Dispute Resolution Center for free or low-cost mediation. A court referral follows these steps:
- A judge or referee identifies the case as a possible fit, or either party asks the judge or referee for a referral at any stage of the case.
- Both parties must agree to participate before the mediation session can go forward.
- The judge or referee sends the case to the mediation program.
- Each party meets privately with a mediator for screening. The mediator checks for intimate partner violence, power imbalance, orders of protection, and other concerns that can make mediation inappropriate.
- If the case passes screening, a qualified mediator is assigned and the session is scheduled.
- If the parties sign an agreement, it goes to the court for review. If no agreement is reached, the case returns to the judge or referee.
Before requesting a referral, Attorney Ryan Besinque can help clients identify the specific custody or visitation issues they want mediation to address and present the request clearly to the judge or referee.
What Happens During a Court-Referred Mediation Session?
At the start of the session, the mediator reviews the ground rules and asks each party to describe the issues they want to resolve. The mediator then organizes the discussion, helps the parties explore possible terms, and keeps the conversation focused on workable parenting arrangements.
Mediators assigned through the NYC program have advanced family mediation training and are certified under standards established by the New York State court system.
Discussion can cover practical parenting details, including the regular schedule, school breaks and holidays, pickup and drop-off logistics, communication, medical and educational decisions, and how schedule changes will be handled.
When the parties reach terms, the mediator puts them in writing for review. If all parties approve and sign, the agreement is sent to Family Court. The judge or referee reviews the parenting terms under the child’s best interests standard and can decline to adopt terms that do not meet that standard.
The Law Office of Ryan Besinque can help clients prepare a proposed parenting plan, clarify proposed terms, attend the mediation session, and review an agreement before it is signed.
Family Law Attorney in New York – The Law Office of Ryan Besinque
Ryan Besinque, Esq.
Ryan Besinque earned his Juris Doctor with honors from the University of San Diego School of Law in 2012. During law school, he received the CALI Award for Family Law and served as President of the Phi Delta Phi Legal Honors Society. Ryan began his legal career in Los Angeles, where he represented private clients and provided pro bono legal services to survivors of domestic violence. He was admitted to the California Bar in 2012 and the New York Bar after relocating to New York City in 2018.
Ryan earned a Bachelor of Science from the University of Southern California, where he studied business administration and psychology. He graduated in the top third of his law school class and received the Outstanding Service Award from the Legal Aid Society of San Diego. Ryan also provides legal services through the Manhattan Assigned Counsel Panel, representing individuals who cannot afford private counsel.
How Long Does Court-Referred Mediation Take in New York?
There is no fixed deadline for scheduling or completing mediation and no standard number of sessions. Each referral must be screened before mediation begins and the timeline for mediation depends on each case’s specific circumstances.
Reviewing current school and work schedules and preparing a proposed parenting plan can help the parties use the available session time effectively.
Is Court-Referred Mediation Free in New York Family Court?
The NYC Family Court Custody/Visitation Mediation Program provides mediation at no cost, with mediators assigned from the Family Court roster or a Community Dispute Resolution Center. The service does not cover fees for privately retained counsel. In a qualifying custody or visitation case, a party who cannot afford a lawyer can ask the court about assigned counsel.
Costs differ with privately retained mediation. The parties choose the mediator and agree on the fee, and each party can retain separate counsel to review proposed terms. Some nonprofit and clinic-based services provide mediation for free or at a reduced cost. Private arbitration can also involve professional and administrative fees.
Comparing Mediation and Family Court Litigation
Court-referred mediation, privately retained mediation, and Family Court litigation differ in cost, control over the outcome, court involvement, confidentiality, and attorney participation.
| Factor | Court-referred mediation | Privately retained mediation | Family Court litigation |
|---|---|---|---|
| Cost | Free through the NYC Custody/Visitation Mediation Program | Fees set by the mediator and the parties’ agreement | No Family Court filing fee; attorney fees if private counsel is retained |
| Who controls the outcome | The parties | The parties | The judge or referee |
| How it begins | A judge or referee refers the case; both parties must consent before mediation begins | The parties select and retain a mediator | A party files a Family Court petition |
| Court involvement | The court reviews any signed agreement before making it an order | Varies; the parties can ask a court to incorporate signed terms into an order or divorce judgment | The court hears the disputed issues and issues an order |
| Confidentiality | Confidential under 22 NYCRR § 160.3, subject to limited exceptions | Depends on applicable law and the mediation agreement | Open to the public, subject to case-specific exclusions; record access is restricted |
| Attorney involvement | Counsel can attend and review proposed terms | Each party can obtain separate legal advice | Parties can appear with or without counsel; assigned counsel can be available in qualifying cases |
Key Takeaway: Court-referred mediation is free and lets the parties control the result. If the dispute continues in Family Court, a judge or referee decides the unresolved issues. Privately retained mediation involves fees set by the mediator and the parties.
What Happens If Mediation Does Not Resolve the Case?
If mediation does not produce a full agreement, the case returns to the Family Court calendar. Trying mediation does not negatively affect the case, and the mediator does not disclose the parties’ proposals or positions except as permitted by 22 NYCRR § 160.3.
A partial agreement can still narrow the dispute. If the parties resolve some issues, they can put those terms in a signed agreement and submit it for court review. The remaining issues return to the judge or referee for further proceedings.
The Law Office of Ryan Besinque can clarify which terms are settled, identify language that could lead to another dispute, and prepare the remaining custody, visitation, or child support issues for Family Court.
Can You Choose Mediation Instead of Arbitration for a Manhattan Divorce?
The available choice depends on the proceeding and the issues the parties want to resolve. Family Court handles custody, visitation, support, and related family matters, while divorce actions are filed in the Supreme Court. A couple with a pending Manhattan divorce action can use private mediation or ask about referral to the New York County Supreme Court Matrimonial Mediation Program for parenting and financial issues.
Arbitration works differently because the arbitrator decides the issues submitted by the parties. Many financial disputes in a divorce can be submitted to arbitration, subject to statutory requirements and any court review that applies to the issue. A private arbitrator cannot replace the court’s final responsibility for custody and visitation because the court must protect the child’s best interests.
The Law Office of Ryan Besinque can help spouses identify which financial disputes can be submitted to arbitration, review a proposed arbitration agreement, and explain the scope of court review for any resulting award.
Legal Help With Court-Referred Mediation in Manhattan
A parenting agreement should do more than record the parties’ broad intentions. It should clearly address each party’s responsibilities, the parenting schedule, and how future changes will be handled.
The Law Office of Ryan Besinque helps clients turn their priorities into clear proposed terms and review how those terms would affect day-to-day parenting. When the parties cannot resolve every issue, our family law attorney can help separate the agreed terms from the custody, visitation, or support questions that remain for Family Court.
Call The Law Office of Ryan Besinque at (929) 251-4477 to schedule a free consultation. Our office is located at 115 W 25th St, 4th floor, New York, NY 10001 and serves clients in Manhattan, Brooklyn, the Bronx, Westchester County, and Nassau County.
Frequently Asked Questions
Is court-referred mediation mandatory in NYC Family Court?
No. Participation is voluntary, and both parties must consent before the program schedules a session. A judge may encourage mediation, but neither party can be forced to settle.
Can I bring an attorney to a court-referred mediation session?
Yes. Your lawyer can attend the session, help you evaluate proposals, and review the written terms before you sign. For help identifying your priorities and reviewing unclear or incomplete terms, call The Law Office of Ryan Besinque at (929) 251-4477.
What happens to my case file if mediation is confidential?
The Family Court case stays open during mediation. The mediator can report limited administrative information, but not the substance of the discussions, subject to 22 NYCRR § 160.3. A signed agreement can be submitted to the court for review.
Can a mediated agreement be changed later?
It depends on the type of order and the circumstances. A custody or visitation order can be modified after a change in circumstances showing that modification is needed to serve the child’s best interests. A child support order follows separate rules. It can be modified after a substantial change in circumstances. Unless the parties validly opted out, modification can also be requested when three years have passed since the order was entered, last modified, or adjusted, or when either party’s gross income has changed by at least 15 percent. When a request for modification is based on reduced income, the reduction must be involuntary, and the party must have made diligent efforts to find work suited to their education, ability, and experience.
Does court-referred mediation cover child support amounts?
Sometimes. Mediation can cover related support responsibilities, but the court must review any proposed terms under Family Court Act § 413.
What if the other parent refuses to attend mediation?
Because participation is voluntary, the mediation session will not be scheduled if the other parent does not consent. The case continues in Family Court.
Is court-referred mediation different from arbitration?
Yes. Mediation leaves the final decision with the parties, while binding arbitration gives the arbitrator authority over the issues submitted. A private arbitrator cannot finally decide custody or visitation because the court must apply the child’s best interests standard.
