What is the difference between a Guardian ad Litem, Child Representative, Parenting Coordinator, and Mediator
A family law attorney can have a variety of roles in cases, and each role plays a very different part in proceedings based on what an attorney acting in that role can and cannot do. The four major roles in family law proceedings aside from a divorce attorney representing a client are a Guardian ad Litem, Child Representative, Parenting Coordinator, and Mediator.
A Guardian ad Litem can be appointed by the court, or requested by either party or both parties in a case. A Guardian ad Litem acts as the Court’s witness or it’s “eyes and ears” by investigating issues like visitation, custody, allocation of parental responsibilities, and general welfare of the minor children. A GAL makes a report to the Court, which may be in writing and can be a witness in any hearing or trial. There is no confidentiality between the child and the attorney. A GAL’s main job is to help the judge decide what is in the best interests of the child.
A Child Representative’s role is to advocate for the child’s best interest, acting as an attorney, and not necessarily being bound by the expressed wishes of the child. There is confidentiality between the attorney in this role and the child. Unlike a GAL, a Child Representative cannot be called as a witness in trial.
In high conflict cases where the parties are unable to communicate effectively and cooperate regarding their children, a court may appoint, or the parties may agree to involve a parenting coordinator. Parenting coordinators must possess the qualifications outlined in Local Rule 13.10 of the Circuit of Cook County, and shall act in the best interests of the children.
A parenting coordinator serves many functions, including:
Educate, mediate, and monitor court orders and make recommendations to the court as necessary, including approaches that will reduce conflict between parents and reduce unnecessary stress for the children.
Monitor parental behaviors and mediate disputes concerning parenting issues and report any allegations of noncompliance to the court, if necessary.
Recommend outside resources as needed, such as random drug screens, parenting classes, and psychotherapy.
Recommend detailed guidelines or rules for communication between parents.
Maintain communication among all parties by serving, if necessary, as a conduit for information.
A parenting coordinator is allowed to meet with the parties, children, and third parties as necessary. The goal is to resolve conflict and keep matters out of court, to the extent possible. A parenting coordinator can assist with the day-to-day parenting issues, such as scheduling matters, communication problems and reimbursement for expenses. However, a parenting coordinator cannot give a recommendation or opinion concerning the ultimate issue of fact, law, or mixed issue of fact and law as to allocation of parental responsibilities, visitation by a non-parent, or relocation, or make a modification of those matters already in a court order.
When an attorney acts as a mediator, he or she is a neutral third person assisting the parties in reaching a mutually acceptable agreement. The mediator will work with the parties to identify the issues, reduce misunderstandings, explore and clarify the parties’ respective interests and priorities, and find possible solutions that will satisfy the interests of all parties. A court may order parties to participate in mediation, and if so, the courts will refer the parties to Family Mediation Services, unless the parties mutually agree to a private mediator. The discussions that take place during mediation are confidential and private.
All roles are unique and distinct in their own ways, and it is vital that attorneys in each role act only within their scope of duties for proceedings to work as efficiently and effectively as possible.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.