Child Custody Mediation

What is mediation?

Mediation is a form of negotiation between people with the help of a professional mediator who will assist them in reaching an agreement regarding custody and parenting issues

Mediation is provided free of charge to the parties and generally occurs before the first Court appearance.
 

What is the purpose of mediation?

The purpose of mediation is:
 

1. To help reduce the hostility that may exist between the parties;
2. To develop an agreement that assures the child(ren) frequent and continuing contact with both parents and that assures the health, safety and welfare of the child(ren).
3. To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the child(ren).

What does mediation include?

Mediation includes interviews with the parents and any other parties legally joined in the case.

Mediation also includes the review by the mediator of the "Social History" form that is completed prior to attending mediation.
 

When does mediation occur?

Generally, mediation occurs approximately two weeks before the scheduled Court hearing on disputed custody and visitation issues. Prior to the mediation appointment, the parties take a parent orientation class which will help prepare them for the mediation process.

Who conducts the mediation?

The Court employs or contracts with experienced counselors who have graduate's degrees and specialized training in areas pertaining to children and families. These areas include, but are not limited to, conflict resolution, parenting techniques, children's developmental stages, domestic violence, substance abuse, and child abuse and neglect.

Mediators must meet the standard requirements set by the Administrative Office of the Courts under Family Code 3164 and Rule of Court 5.210.
 

What if we can't reach an agreement?

In most cases, parties can successfully resolve and agree on custody and parenting issues. However, if the parties are unable to reach a full or partial agreement, the mediator will prepare a report to the Court informing the Court of the outcome and identifying the unresolved issues.

What is a mediation report?

At the conclusion of your mediation session, the mediator will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the Mediation Report.

Does the mediator make recommendations?

Generally no, as this is a confidential, non-recommending Court. However, in certain cases the mediator can recommend that an attorney be appointed to represent the child(ren) (Family Code 3150) and/or that the parties be referred for a child custody evaluation. (Family Code 3183)

What if I miss my mediation appointment?

Because of the short time frame between the mediation appointment and the Court hearing, another appointment cannot be scheduled. If the other party attends as scheduled, this will be reported to the Court and that party's proposed parenting plan will be submitted.

If both parties fail to attend mediation, the Court will be notified of your failure to attend. If this occurs, it is important that you still appear at the Court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.  You may also be required to reimburse the court for the mediator’s cancellation fee.
 

Are both parties interviewed together?

Yes. Mediators interview both parties together. The exception to this policy is if there has been an alleged history of domestic violence or when there is a protective order in effect and one party has requested separate interviews. (Family Code 3181)

Can I talk to the mediator before the mediation appointment?

"Ex parte contact" is not allowed by parties or attorneys at any time prior to completion of the report. Ex parte contact means one party (or attorney) contacting the mediator without the other party being present or having knowledge of the nature of the discussion.

Ex parte contact after the report is completed is permissible. If the mediator needs to revise the report then the mediator will write an addendum and mail it to both parties and/or their attorneys.
 

Can I bring a support person to mediation if I have a restraining order?

Yes. A support person may accompany you to the mediation appointment. However, the support person cannot participate in, and is required to maintain confidentiality of, the mediation session.

A mediator may exclude a support person from a session if:

1. The support person attempts to participate in the session;
2. The support person acts as an advocate for the victim in a session;
3. The support person's presence or actions disrupt the session.

Are mediation reports confidential?

Yes. Mediation reports are confidential and are not allowed to be copied or distributed to anyone other than the court, an attorney of record, or the named parties to the proceeding, with the following exception:

In certain instances the Court allows the exchange of information to other agencies in the justice system. Specific information can be obtained from FCS.
 

Mediator conflict of interest

Mediation/evaluation of cases that involve family law attorneys, relatives, friends, or co-workers of the mediator may present a conflict of interest. It is the policy of the Court to avoid conflicts or the appearance of a conflict of interest. Therefore, in these cases, parties may be referred to a different mediator unless both parties agree to waive any objection.

If parties agree to waive the conflict of interest objection, mediators will mediate; however, they will not make recommendations in these situations. A mediator will not handle a case in which they perceive that a serious conflict of interest exists.