Let's Make a Brand New Start of it in Old New York: Using Mediation to Resolve Open Adoption Disputes

Abstract

There is no general consensus of how to handle disputes arising from open adoption agreements. Some states have statutes mandating mediation, but New York does not. This Note proposes that New York enact a statute that mandates adoptive and birth parents use mediation for disputes arising from open adoption agreements. The proposed statute provides a comprehensive approach to mediation by setting forth when mediation is appropriate and when it is not. The statute will also provide when the child's preference can be taken into consideration, and who will pay for mediation. Key Points for the Family Court Community:Only eleven states and the District of Columbia have statutes addressing the use of mediation in disputes arising from open adoptions.Of these eleven states, only seven states and the District of Columbia actually require the parties to mediate before allowing them to ask the court to order a judgment.Open adoptions are becoming more common, and each one varies on how much contact or visitation there will be between the birth parents, or biological siblings, and the child.Creating a statute for New York mandating mediation for these types of disputes will afford parties the opportunity to create a modification that will work for both sides in a less adversarial setting.In other areas of family law, mediation has been proved to be effective in creating durable agreements as well as being cost effective for both parties.