Custody Mediation in Nebraska: Process, Cost, and What to Expect

If you and your co-parent can't agree on a parenting plan, Nebraska law won't let you skip straight to trial. The court requires mediation first — it's built into the Parenting Act as a mandatory step before a contested custody hearing can be scheduled. The state's position is that parents who negotiate their own arrangement tend to follow it better than parents who have one imposed by a judge.

Here's how the process actually works.

Why It's Mandatory

Under the Nebraska Parenting Act (Neb. Rev. Stat. § 43-2937), when parents can't reach agreement on a parenting plan, the court enters a progression order referring both parties to mediation. This isn't a suggestion — the court will not schedule a trial until mediation has been attempted or the case has been screened out of mediation due to safety concerns.

The rationale is pragmatic: mediated agreements are more durable than court-imposed orders because both parents had a hand in crafting them. Courts handle thousands of custody cases and can't give each family the individualized attention that mediation provides.

The Screening Process

Before joint mediation begins, the mediator conducts separate, private screening sessions with each parent. The purpose is to assess:

• Whether domestic intimate partner abuse has occurred
• Whether coercive control dynamics exist
• Whether severe conflict makes joint sessions unproductive or unsafe

This screening is confidential. What you share with the mediator during screening isn't disclosed to the other parent or the court.

If the screening reveals abuse, intimidation, or coercive control, traditional joint mediation is terminated. The case is referred to Specialized Alternative Dispute Resolution (SADR).

What Happens During Mediation

Mediation isn't therapy, counseling, or arbitration. The mediator is a neutral facilitator — they don't decide custody, take sides, or tell you what to do. They help both parents work through the components of a parenting plan systematically:

1. Opening — the mediator explains the process, ground rules, and confidentiality
2. Issue identification — each parent describes their concerns and priorities
3. Negotiation — the mediator guides discussion through each required element of the parenting plan (custody designations, weekly schedule, holidays, transitions, dispute resolution)
4. Agreement drafting — if the parents reach agreement, the mediator helps draft the terms in language that meets statutory requirements

Sessions typically run 2–3 hours. Some cases resolve in a single session; complex disputes may require 2–4 sessions.

What's said in mediation is confidential and generally can't be used as evidence in court. The mediator reports only whether the parties reached agreement or reached an impasse — not what was discussed.

Specialized Alternative Dispute Resolution (SADR)

When the screening identifies domestic abuse or safety concerns, the case goes to SADR rather than standard mediation. SADR uses trained facilitators and strict safety protocols:

• Sessions are conducted in separate rooms (shuttle mediation) or virtually
• Parents never sit in the same room or have direct contact
• The facilitator moves between rooms, carrying proposals and responses
• Additional safety measures may include staggered arrival/departure times and security at the facility

SADR exists to preserve the benefit of negotiation while eliminating the power dynamics and safety risks that make standard mediation inappropriate in abuse cases.

Cost

Nebraska's Office of Dispute Resolution (ODR) connects parents with mediators who operate on a sliding fee scale:

• ODR-connected mediators: $25 to $150 per person, per hour, based on verified income and the federal poverty level
• Regional mediation centers: Some charge flat fees — for example, $250 per parent (including a non-refundable $50 processing fee)
• Private mediators: Rates vary, typically $150–$300+ per hour, though many court-approved private mediators agree to the ODR sliding scale

If you received a fee waiver (in forma pauperis) for your court filing, you may qualify for reduced or waived mediation fees through ODR-connected centers.

Most mediations run 2–4 sessions of 2–3 hours each, so total cost for a parent using the ODR sliding scale typically falls between $100 and $600, depending on income and complexity.

Parenting Coordinators

In high-conflict cases where parents reach a basic agreement but struggle with ongoing implementation, the court may appoint a parenting coordinator. This is different from a mediator:

• A parenting coordinator has limited decision-making authority on day-to-day disputes (schedule adjustments, activity conflicts, communication breakdowns)
• They work with the family on an ongoing basis, not just during the initial planning phase
• Their decisions on minor issues are binding unless a parent files a timely objection with the court

Parenting coordination costs are typically shared between parents at the court's discretion.

What If Mediation Fails?

If mediation reaches an impasse — the parents genuinely can't agree on one or more critical elements of the parenting plan — the mediator reports the impasse to the court. At that point, the court schedules a contested hearing where a judge will make the custody determination based on the best interests of the child.

Going to trial is significantly more expensive and time-consuming than reaching a mediated agreement. Attorney fees for a contested custody trial in Nebraska commonly run $5,000–$15,000+, compared to a few hundred dollars for mediation.

Walking into mediation prepared — with a proposed schedule, a list of your priorities, and an understanding of what the law requires in a parenting plan — dramatically increases your chances of reaching an agreement. The Nebraska Child Custody & Parenting Plan Guide includes a mediation prep planner designed for exactly this purpose.

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