A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
A stipulation regarding a panel mediator refers to a set of agreed-upon rules and conditions that govern the selection and role of a panel mediator in resolving disputes or conflicts. Panel mediators are impartial professionals who facilitate negotiations between conflicting parties and help them reach a mutually acceptable resolution. In a stipulation, various aspects related to the panel mediator may be addressed, including their qualifications, experience, selection process, duration of mediation, and any applicable fees or costs. The stipulation ensures transparency, fairness, and efficiency in the mediation process while also outlining the roles and responsibilities of the panel mediator. Different types of stipulations regarding panel mediators may exist, depending on the specific context or organization. Some popular types are: 1. Court-Appointed Panel Mediators Stipulation: This type of stipulation applies when the court appoints a panel mediator to assist with dispute resolution in judicial proceedings. It may outline the qualifications required for panel mediators, their remuneration, and the specific guidelines they must follow during the mediation process. 2. Employment or Workplace Mediation Stipulation: This type of stipulation is commonly used in employment or workplace settings to resolve conflicts between employees or between employees and management. It may define the criteria for selecting panel mediators, outline the confidentiality obligations of the mediator, and specify the scope of disputes eligible for mediation. 3. Commercial Mediation Stipulation: In the context of commercial disputes, a stipulation may be formulated to provide guidelines for selecting panel mediators specializing in commercial matters. It may include provisions on the mediator's neutrality, their knowledge of relevant legal frameworks, and the procedure for appointing mediators. 4. Family or Divorce Mediation Stipulation: When it comes to family or divorce mediation, a stipulation may be tailored to address sensitive issues such as child custody, visitation rights, and division of assets. The stipulation may specify requirements for panel mediators, such as expertise in family law, experience with child psychology, or training in conflict resolution. 5. International Mediation Stipulation: A stipulation regarding panel mediators in international disputes may involve considerations of cultural diversity, language proficiency, and knowledge of international laws. It may also outline the process for selecting panel mediators from different jurisdictions and establish guidelines for dealing with cross-border conflicts. In summary, a stipulation regarding panel mediators encompasses the terms and conditions governing the selection, qualifications, and roles of mediators in various contexts. Specific types of stipulations exist for court-appointed mediators, workplace disputes, commercial conflicts, family matters, and international disputes, ensuring that the mediation process is structured, fair, and effective.
