Do I have to mediate in a Nebraska custody case, and what is Parenting Act mediation?
If you are navigating a custody, parenting time, or modification case in Nebraska, you have likely heard the word “mediation” and wondered whether it is optional. In almost any modern Nebraska parenting case, the answer is usually yes, mediation is part of the path. Specifically, for cases filed on or after July 1, 2010, if you and the other parent have not submitted a parenting plan by the deadline the court sets, Nebraska judges generally must order you to participate in mediation or specialized alternative dispute resolution unless an exception applies. This requirement is not just a procedural hoop. In many counties, it is the step that stands between you and a trial date. That is why I am expanding my practice to offer Parenting Act mediation, so families have a clear, local option when the court requires this process or when they want a structured way to resolve parenting issues without escalating the conflict.
What is mediation in Nebraska, in plain English?
Mediation is a confidential, structured negotiation process led by a neutral third party. The mediator is not a judge and does not make rulings. Instead, the mediator helps both people identify the issues that actually need decisions, communicate in a more productive way, and work toward a written agreement that can be used in the legal process. When it works well, mediation replaces months of litigation stress with a plan that you can follow in real life, not just on paper.
For many parents, the biggest value of mediation is control. Court outcomes are uncertain, slow, and public. Mediation is private and can often be scheduled more quickly. More importantly, mediation allows you to craft details that courts rarely have the time or nuance to design, such as transition logistics, holiday schedules that reflect your family’s reality, school-week communication boundaries, and practical rules that reduce future conflict.
When is mediation required under Nebraska’s Parenting Act?
In almost any modern Nebraska case involving children, mediation can become mandatory based on one common trigger: the absence of an agreed parenting plan by the court’s deadline. Nebraska’s Parenting Act generally requires the court to order mediation or specialized alternative dispute resolution when a parenting plan has not been timely submitted, unless a waiver applies for good cause under the statute.
If you are reading this while your case is already pending, you may be feeling the pressure of that deadline, or you may have been told that “nothing happens until mediation happens.” That is often accurate as a practical matter. Mediation is frequently the gatekeeper step that helps cases resolve early, or at least narrows the issues before the court spends time on a final hearing.
Why choose a lawyer-mediator for your parenting plan?
A lawyer-mediator brings a practical advantage: an ability to spot the legal and procedural pressure points that cause parenting plan agreements to collapse later. In parenting cases, it is not enough for a plan to feel fair in the room. It needs to be specific enough to implement, realistic enough to follow, and structured in a way that a court can accept if it becomes part of a stipulated parenting plan.
That said, neutrality remains the cornerstone. As a mediator, I am not representing either party, and I do not provide legal advice to one side against the other. What I do provide is a structured process, a calm and direct facilitation style, and a focus on workable solutions that reduce future conflict rather than creating new opportunities for it.
What does it mean to be an approved Parenting Act Mediator in Nebraska?
Nebraska uses the term “approved,” not “certified,” for Parenting Act mediators. Parenting Act mediators must meet statutory requirements and be approved through Nebraska’s Office of Dispute Resolution (ODR) framework. Approval is not a marketing label. It reflects defined training and qualification requirements designed specifically for parenting plan disputes.
The reason this matters is simple: parenting plan disputes involve high emotion, long-term consequences, and sometimes serious safety concerns. Nebraska’s system recognizes that mediators working in this space need family-specific training and standards.
What training and qualifications does Nebraska require for Parenting Act mediation?
Nebraska’s Parenting Act and ODR policies outline the training and approval pathway for Parenting Act mediators, including basic mediation training, family mediation training, and related requirements for roster approval and maintenance. The details are not “one-size-fits-all,” which is exactly the point. Parenting cases require family-focused training, ethics, and process discipline that general mediation is not designed to cover.
If you are comparing mediators, one of the best questions you can ask is whether they are approved for Parenting Act mediation through the ODR process, and whether their practice includes the kind of parenting plan work your situation requires.
Does mediation actually work in Nebraska parenting cases?
Nebraska publishes real outcome data through the Office of Dispute Resolution, and it is a meaningful trust signal because it is Nebraska-specific rather than generic “mediation is great” claims.
In ODR’s Fiscal Year 2025 annual reporting, closed case statistics show a 73% resolution rate for cases where mediation or facilitation was attempted, and the report reflects that parenting plan matters make up a large share of the mediation centers’ overall caseload.
Those numbers do not mean every case settles, and they do not mean mediation is appropriate for every family. They do mean mediation is a proven tool in Nebraska that resolves a substantial percentage of disputes and often helps narrow issues even when it does not fully resolve them.
Is mediation right for your situation?
Mediation is a strong fit when both parents are capable of negotiating in good faith, even if they currently dislike each other. It allows you to narrow the issues, reduce legal costs, and keep control over the outcome. It can also lower the temperature, which matters because parenting cases rarely end at the decree. You are building a plan you will likely live under for years.
However, mediation is not appropriate for every family. If your situation involves domestic intimate partner abuse, coercive control, or unresolved safety concerns, a standard mediation process may not be safe. Nebraska law provides for Specialized Alternative Dispute Resolution (SADR) in these circumstances, which is designed to include strict safety protocols and structure tailored to higher-risk dynamics.
Note: If our screening process indicates that standard mediation is unsafe, we will discuss whether Specialized ADR (with a qualified SADR provider) or a waiver request to the court is the right legal step for you.
What should you expect from Parenting Act mediation with my office?
You should expect a process that is structured, respectful, and focused on outcomes you can actually implement. Parenting plans fail most often because they are vague, overly aspirational, or built around what people hope will happen rather than what their schedules and history show will happen. My approach is to slow down just enough to get clear on the issues that truly drive conflict, then help both people build a plan that reduces the need for future court involvement.
If you are entering mediation because the court requires it, the goal is not to “perform cooperation.” The goal is to make decisions that protect the child’s stability and reduce ongoing conflict in a way the court can accept.
FAQ: Nebraska mediation and Parenting Act mediation
Do I have to mediate in a Nebraska custody case?
In almost any modern Nebraska custody or parenting-time case, mediation is often required if the parties have not submitted an agreed parenting plan by the court’s deadline, unless a statutory waiver applies.
What is the difference between mediation and Specialized Alternative Dispute Resolution (SADR)?
Mediation is the standard facilitated negotiation process. SADR is designed for higher-conflict or safety-sensitive situations and is built around additional structure and safety protocols.
Can a mediator decide custody or force an agreement?
No. A mediator does not decide the outcome and cannot force agreement. Mediation is voluntary in outcome, even when participation is court-ordered.
What does “approved Parenting Act Mediator” mean in Nebraska?
It means the mediator meets Nebraska’s statutory and ODR approval requirements for Parenting Act cases. Nebraska uses “approved” rather than “certified” as the formal roster terminology.
What happens if we do not reach agreement in mediation?
If you do not reach full agreement, unresolved issues typically return to the litigation track for the court to decide. Even then, mediation often clarifies priorities and narrows issues, which can reduce the time and cost of the remaining case.
Is mediation confidential?
Mediation is generally confidential, but confidentiality has important boundaries and exceptions depending on the context. If confidentiality is a key concern in your situation, that should be discussed in advance as part of the mediation intake and ground rules.
How successful is mediation in Nebraska?
Nebraska’s ODR annual reporting for FY 2025 shows a 73% resolution rate in closed case statistics for attempted mediation/facilitation matters, and parenting plan cases represent a substantial share of that work statewide.