How to Prepare for FMC Mediation in Nevada Without a Lawyer
How to Prepare for FMC Mediation in Nevada Without a Lawyer
If you're heading into Family Mediation Center mediation in Nevada without an attorney, the single most important thing you can do is arrive with a drafted parenting plan — not talking points, not a general idea, but a specific written proposal with schedules, overnight counts, and holiday rotations already calculated. Parents who walk into FMC mediation without a draft spend the entire session reacting to the other parent's proposals. Parents who arrive with structured options control the conversation.
What FMC Mediation Actually Is
The Family Mediation Center in Clark County (and the equivalent Family Mediation Program in Washoe County) handles mandatory, court-ordered mediation for contested custody cases. When parents can't agree on a parenting plan, a judge refers them to the FMC before scheduling a hearing.
The mediator doesn't make decisions for you. They facilitate negotiation between the parents on five core non-financial custody issues: physical custody schedules, legal custody decision-making, holiday and vacation time, transportation and exchanges, and communication protocols. If you reach an agreement, the mediator drafts a stipulation for the judge's signature. If you don't, the case goes to a hearing where the judge decides.
Most sessions last 2–4 hours. You get one shot. There's no "let me think about it and come back next week."
The Five Things to Prepare Before Your Session
1. Your Proposed Weekly Schedule with Overnight Calculations
Pick a rotation — 2-2-3, 2-2-5-5, week-on/week-off, or a custom arrangement — and calculate the exact number of overnights each parent gets per year. This matters because the Rivero v. Rivero threshold of 146 overnights determines whether your arrangement qualifies as joint physical custody or primary physical custody. The difference directly affects child support calculations under the NAC 425 formula.
Run the math before mediation. A 2-2-3 rotation gives each parent approximately 182.5 overnights. A 2-2-5-5 rotation splits to roughly 182.5 as well. A week-on/week-off gives each parent 182 overnights. But add school-year adjustments, age-appropriate modifications for young children, or long-distance arrangements, and the numbers shift — sometimes below the threshold.
2. Three Structured Proposals (Primary, Secondary, Compromise)
Don't bring one proposal. Bring three:
- Primary proposal: your ideal arrangement, grounded in the child's best interests and supported by the 12 statutory factors under NRS 125C.0035
- Secondary proposal: an alternative that addresses likely objections from the other parent while maintaining your core priorities
- Compromise proposal: the minimum arrangement you can accept, with clear boundaries on what you won't negotiate away
This approach does two things: it signals to the mediator that you're acting in good faith, and it gives you negotiation room without scrambling to invent alternatives on the spot.
3. A Holiday Rotation Plan
Holidays override regular weekly schedules, and they're one of the most contentious issues in mediation. Draft an alternating odd/even year rotation covering every major holiday: New Year's, Martin Luther King Jr. Day, Presidents' Day, Spring Break, Memorial Day, Fourth of July, Labor Day, Nevada Day, Veterans Day, Thanksgiving (split Wednesday–Friday and Friday–Sunday), Winter Break (split by halves), and each parent's birthday and Mother's/Father's Day.
Specify exact transition times (not "sometime Sunday" — "Sunday at 6:00 PM at the McDonald's on Sahara Avenue"). Vague holiday provisions generate more post-decree motions than almost any other clause.
4. Your Child Support Numbers
Know your gross monthly income and the other parent's (or your best estimate). Run the tiered NAC 425 formula: 16% of the first $6,000 gross monthly income, 8% of $6,001–$10,000, and 4% above $10,000 for one child. Adjust percentages upward for additional children.
If your proposed schedule qualifies as joint physical custody (146+ overnights each), calculate the Wright v. Osburn offset: each parent's obligation is computed separately and the higher amount is reduced by the lower amount, with the difference paid to the lower-earning parent.
The mediator may not address child support directly — FMC mediation focuses on the five non-financial custody issues — but knowing your numbers lets you evaluate the financial impact of every schedule change the other parent proposes during the session.
5. Your Legal Custody Position
Decide in advance which of the three major decision-making categories you want joint authority over: healthcare (medical, dental, mental health), education (school choice, tutoring, special education), and religious upbringing. Nevada's presumption is joint legal custody, but if there's a specific reason you need sole decision-making authority in one category — document it with evidence, not just feelings.
What to Bring to the Session
- Photo ID
- Your three written parenting proposals with overnight calculations
- Your holiday rotation plan
- Your child support worksheet
- A calendar showing your work schedule, the child's school schedule, and any extracurricular commitments
- Documentation of existing custody arrangements if you have a temporary order
- A notebook for recording the mediator's suggestions (you're allowed to take notes)
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What NOT to Do in Mediation
Don't wing it. Parents who arrive unprepared accept unfavorable terms because they can't articulate a better alternative under pressure.
Don't use mediation to relitigate the relationship. The mediator cuts off grievance narratives. Stick to forward-looking parenting logistics.
Don't agree to vague language. "Reasonable visitation" and "as agreed by the parties" are the phrases that generate future court motions. Push for specific days, times, and locations.
Don't refuse to negotiate. Mediators report intransigence to the judge. Arriving with three proposals signals good faith without requiring you to concede your core position.
Who This Is For
- Parents with a mandatory FMC mediation session scheduled and no attorney representing them
- Self-represented filers who want to walk into mediation with the same level of preparation an attorney would provide
- Parents who want to resolve custody outside of court and need structured tools to negotiate effectively
- Anyone who has a mediation date within the next 30 days and hasn't started preparing
Who This Is NOT For
- Parents with active protective orders — FMC may require shuttle mediation or exemption; consult your court order
- Cases where domestic violence makes direct negotiation unsafe — contact Legal Aid Center of Southern Nevada
- Parents whose attorney is attending mediation and handling preparation
Frequently Asked Questions
Do I need a lawyer for FMC mediation?
No. Most parents attend FMC mediation without attorneys. Some bring an attorney for support, but the mediator works directly with the parents. What you need isn't legal representation — it's preparation. A structured set of proposals, overnight calculations, and a holiday plan give you the same foundation an attorney would prepare for a client. The Nevada Child Custody & Parenting Plan Guide includes FMC mediation preparation worksheets designed specifically for parents attending without an attorney.
What happens if we can't agree in mediation?
The mediator reports back to the court that mediation was unsuccessful. The judge then schedules a custody hearing or trial where both parents present their cases and the court decides. This is why preparation matters — if mediation fails, you're already headed to a process that's longer, more expensive, and less predictable.
Can I bring documents or evidence to mediation?
Yes. Bring your work schedule, the child's school calendar, documentation of any existing temporary orders, and your written parenting proposals. You won't be presenting "evidence" the way you would in court, but concrete documentation helps you make specific, practical proposals rather than vague requests.
How long does FMC mediation take?
Most sessions run 2–4 hours. Complex cases may require a second session, but most mediations resolve or fail in a single meeting. Given that you have limited time, every minute spent explaining your basic schedule concept is a minute not spent negotiating the details that actually matter.
What if the other parent doesn't prepare at all?
That's an advantage for you. The parent with a drafted plan, calculated overnight numbers, and structured proposals typically sets the framework for the negotiation. The mediator works from concrete proposals — if only one parent has them, that parent's framework becomes the starting point.
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