Is mediation required before going to trial in a NY custody dispute?

What the Law Says

New York law requires courts to refer custody and visitation disputes to mediation before trial — but only when appropriate and with consent or court order.

Under the Civil Practice Law and Rules (CPLR), courts in New York must refer certain family matters—including custody and visitation disputes—to mediation before trial, unless the court determines that mediation is inappropriate.

This requirement applies specifically to actions under Family Court Act § 240 (custody and visitation) and Domestic Relations Law § 236 (matrimonial actions). The court may waive mediation only after finding, on the record, that it would be inappropriate — for example, due to domestic violence, power imbalances, or inability to participate meaningfully.

Mediation is voluntary in nature, but the referral is mandatory unless excused. Parties retain the right to opt out of settlement discussions at any time, and nothing said in mediation is admissible in court.

Statutory Text

The court shall refer to mediation any action or proceeding brought pursuant to... Family Court Act article 6... unless the court determines that mediation is inappropriate.

— CPLR 7512(a) — Mediation referral required

Statutory Text

In any action or proceeding brought pursuant to this section, the court shall refer the matter to mediation unless the court determines that mediation is inappropriate.

— Family Court Act § 240(3)(a) — Custody and visitation actions

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