Through mediation, the parties to a dependency try to resolve the dispute with the help of a neutral third party called a mediator. In the course of an informal, off the record meeting the mediator tries to help resolve differences. The mediator does not make a decision; it is up to the parties to reach their own agreement. The mediator is there to help find a solution to their problem.

In the Juvenile Court, cases that appear able to be resolved if the parties could just "talk to each other" are sent for mediation. Mediation is not for every case. It seems to work better when there is a private dispute as in a private dependency. Or there is a private aspect to a dispute - such as a dependency in which there is a concurrent child support or visitation issue in Domestic Relations Court or a request for a post-adoption visitation agreement in a severance proceeding.

Any party can request a mediation but it must be approved and ordered by the Judge. A mediation can be ordered to try to settle the entire case or just one or two unresolved issues. The mediation can be requested and ordered during a hearing or by written motion. A written motion should try to specify what issue is being mediated and who should attend.

In Juvenile Court, mediation is court ordered. However, once the parties appear at the mediation, actual participation is voluntary. The mediator in Juvenile Court is Susan Parnell. She has been with the court for approximately three years and has developed a routine. She can be reached through the main Juvenile Court switchboard at 740-2000.

First, attorneys for the adults do not usually participate in mediation. The theory is that, for mediation to be successful, the parties themselves need to speak and listen each other directly - not through intermediaries. There cannot be an open and free flowing discussion if people are concerned with "legalities". The adults's lawyers must still be available in the Courthouse to offer legal advice and to review agreements before they are finalized.

On the other hand, the custom in Pima County is that the attorney for the child must be present at all mediations. The attorney will speak for the child or be present to make sure that an older child's decisions are not the result of adult overbearing.

At the outset, the parties will sign an agreement to participate in mediation and to obey certain ground rules. In Pima County, there are essentially three ground rules.

1. Everything said in the mediation is off the record. Nothing said can be used in court in any fashion except the final agreement.

2. However, if someone makes a statement indicating that there is ongoing child abuse, the mediator is obligate to report the statement.

3. The parties agree to be respectful to each other and to try to listen to each other.

Mediation sessions are relatively long - usually at least three hours. That will give the mediator time to explore underlying feelings as well as nuts and bolts matters. The mediator may meet with people privately or in small groups to see where people's heads are really at.

Ultimately, the mediator will try to see if there is some common ground buried beneath the adversarial postures of litigation. The mediator will reduce any agreement to writing. The mediator will then review the agreement orally with the participants before allowing anyone to sign it. If the parties reach an agreement, it will be forwarded to the Judge for the Judge's approval.

The Attorney General's office also has a voluntary mediation program that is available to people before a dependency petition is filed as well as for ongoing cases. The contact person is Anna Marie Greenwood at 628-6647.