Mediation in Oklahoma

When Oklahoma courts refer a case to mediation

43 O.S. 107.3(B)(1) lets the court refer property, separate maintenance, or custody issues to mediation if feasible. This is discretionary. The statute does not require every contested custody case to go to mediation. The court decides, based on the case's circumstances, if mediation is a workable option.

The domestic violence and child abuse safeguard

If a party says, or the court otherwise sees, that domestic violence or child abuse has occurred, 43 O.S. 107.3(B)(1) requires the court to halt or suspend professional mediation, unless it makes specific findings. All three of these must be true: the mediator has substantial training on how domestic violence or child abuse affects victims; the party who is or claims to be the victim can negotiate with the other party without a power imbalance from the alleged abuse; and the mediation process has built-in protections against that imbalance.

Mediation can also proceed in a domestic violence case between parents if the parent who is or claims to be the victim requests it, and the mediator knows about the alleged domestic violence. The statute defines domestic violence by reference to Oklahoma's Protection from Domestic Abuse Act. It defines child abuse or neglect by reference to the Oklahoma Child Abuse Reporting and Prevention Act, or a deprived-child adjudication under the Oklahoma Children's Code.

Counseling as an alternative or addition to mediation

When custody is at issue, 43 O.S. 107.3(B)(2) lets the court order each party into individual counseling instead of, or along with, mediation. The court sets the manner it finds appropriate, as long as it finds the parties can afford it. This gives Oklahoma courts a second tool, beyond mediation, for helping parents work through a contested custody dispute.

Guardians ad litem in contested custody cases

In any proceeding where custody or visitation is contested, 43 O.S. 107.3(A) lets the court appoint an attorney as guardian ad litem. The court can do this on its own motion or at a party's request, to represent the minor child. The guardian ad litem's job is to advocate objectively for the child, review records, meet with the child and relevant caregivers, and report findings and recommendations to the court before trial.

A guardian ad litem must generally keep case information confidential and is not subject to discovery under the Oklahoma Discovery Code. The court can split the guardian ad litem's expenses, costs, and fees among the parties.

False allegations of abuse in a custody case

43 O.S. 107.3(D) addresses what happens if a court finds a party intentionally made a false or frivolous accusation of child abuse or neglect against the other party during a custody proceeding. The court must find the accusing party in contempt for perjury and refer the matter for prosecution. It must also weigh the false allegations when deciding custody. Finally, it must require the accusing party to pay both parties' court costs and legal expenses tied to the false allegations.