NEW YORK, NY - October 20, 2026 - Custody and visitation cases pending in New York City Family Court may be referred to a free, voluntary mediation program in which a neutral mediator helps parents resolve parenting issues without asking a judge to decide every disputed point. New York City family law attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/blog/filing-steps-after-mediation-manhattan/) outlines who qualifies for the program, how a referral happens, and what occurs when mediation does not resolve the case.
According to New York City family law attorney Ryan Besinque, court-referred mediation is a settlement process offered through the court's Alternative Dispute Resolution programs, and the mediator neither decides the case nor provides legal advice to either party. The Custody/Visitation Mediation Program accepts pending cases from Family Courts in all five New York City counties, including Manhattan, and a judge, a referee, or either party may initiate a referral at any stage of the case. "The mediator's role is to organize the conversation, not to rule on it," Besinque explains.
New York City family law attorney Ryan Besinque notes that the process is confidential under 22 NYCRR § 160.3, subject to limited exceptions for credible threats of serious and imminent harm, suspected child abuse or neglect, a written waiver signed by the parties, and disclosures needed for certain claims arising from the mediation. Confidentiality does not displace judicial oversight, since New York courts apply the best interests standard under Domestic Relations Law § 240 and Family Court Act § 651, and a mediated parenting plan becomes an order only after the court reviews and adopts it.
Attorney Besinque explains that three conditions must be satisfied before a session is scheduled. The case must already be pending in Family Court, it must involve a matter the program accepts, and both parties must consent. Each referral is then screened in a private meeting with a mediator, and the program does not accept cases involving intimate partner violence, a severe power imbalance, or a temporary or final order of protection. "Screening exists so that both parties can participate freely, and a referral is not a guarantee that mediation will go forward," Besinque notes.
Custody and visitation petitions form the core of the program, and sessions commonly address weekly schedules, holiday time, exchange locations, school and medical decision-making, travel, and communication rules. A petition to modify an existing custody or visitation order may also be considered. Support responsibilities can be discussed, but any proposed terms must comply with Family Court Act § 413, and an agreement differing from the basic obligation must include the required Child Support Standards Act disclosures, identify the presumptive amount, and explain the reason for the departure.
The program is provided at no cost, with mediators assigned from the Family Court roster or a Community Dispute Resolution Center and holding advanced family mediation training under standards established by the state court system. That service does not cover privately retained counsel, though a party who cannot afford a lawyer may ask the court about assigned counsel in a qualifying case. Privately retained mediation works differently, with the parties selecting the mediator and agreeing on the fee.
Besinque adds that an unsuccessful mediation does not disadvantage the case. If no full agreement is reached, the matter returns to the Family Court calendar, and the mediator does not disclose the parties' proposals or positions except as 22 NYCRR § 160.3 permits. A partial agreement can still narrow the dispute, with the settled terms submitted for court review and the remaining issues returned to the judge or referee. "Even a partial resolution can take several contested issues off the calendar," Besinque observes.
Arbitration operates on a different principle, since the arbitrator decides the issues submitted rather than helping the parties reach their own terms. Many financial disputes in a divorce may be submitted to arbitration, subject to statutory requirements and any court review that applies, but a private arbitrator cannot replace the court's final responsibility for custody and visitation. Parents seeking mediation before filing a case, or without a court referral, may contact a local Community Dispute Resolution Center for free or low-cost services.
For parents in Manhattan and across New York City weighing whether court-referred mediation fits a pending custody or visitation case, consulting a family law attorney may clarify which issues suit the process and how to prepare for a session.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm representing parents and spouses in custody, visitation, child support, family offense, and divorce matters. Led by attorney Ryan Besinque, who also serves on the Manhattan Assigned Counsel Panel, the firm serves clients in Manhattan, Brooklyn, the Bronx, Westchester County, and Nassau County from its office at 115 W 25th St, 4th Floor. For consultations, call (929) 251-4477.
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor, New York, NY 10001
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Website: https://www.besinquelaw.com/
