Custodia

Mediation is a process where both parents work with a qualified neutral person (a mediator) to reach an agreement about custody and visitation. The mediator doesn’t give legal advice. If the judge orders mediation, any information shared with the mediator is “privileged,” which means that it cannot be used in court.¹

The judge may order mediation at different stages of the case:

• Before a trial - to try to settle custody and visitation without going to trial;
• During a trial - if the judge is handling other issues aside from custody, like if there is an ongoing divorce, s/he may only deal with the non-custody issues until mediation is completed; then, there could be a separate trial for custody and visitation if mediation fails; or 
• After a trial - if a trial has taken place regarding non-custody issues, if there is an ongoing divorce, for example, the judge may rule on the other issues but wait to finalize custody and visitation. Then, if the parents reach a custody agreement in mediation, it can become part of the final order.²

Rhode Island law does not specifically allow domestic violence victims to opt out of mediation. However, mediation with an abuser is usually not a good idea because of the power imbalance. If you are a domestic violence survivor, you can tell the judge about your situation and ask not to be sent to mediation. 

¹ R.I. Gen. Laws § 15-5-29(c)
² R.I. Gen. Laws § 15-5-29(a), (b)