2024 What to Expect From Family Court Mediation in California?

If you are facing a hearing for a child custody or visitation agreement because of a dispute, it is required for parents to undergo mediation. Mediation is needed as a means of creating a plan for child custody or creating a visitation schedule. It helps you prepare for the upcoming hearing. Still, you may be wondering what to expect from family court mediation in California.

The purpose of mediation is to help the couple come to an agreement on their parenting plan. If the couple has not been able to do so, then California law requires them to attend a mediation session. There, they can create a custody agreement and visitation schedule that they both agree to with the help of a third party (a mediator), which will then be given to the judge to approve.

According to California Family Law Code Section 3160, every court is required to make a mediator available to everyone.

Preparing for Mediation

Preparing for this mediation involves several steps. If you live in a “recommending” county, it is especially important to prepare. A recommending county includes a mediator who offers a written recommendation to the judge. This kind of mediation is also called Child Custody Recommending Counseling in recommending counties.

One way to prepare for mediation is to dress appropriately. By dressing professionally, you are demonstrating to the mediator that you are taking the process seriously. It is also wise to bring with you a particular plan that you would like to make happen. Include your reasoning as to why you would like that parenting plan.

Make sure that whatever plan you agree to is the plan you want to commit to. If possible, file any necessary paperwork ahead of time before starting a session. Additionally, make sure to share any concerns, thoughts, and opinions and ask questions during your session.

Show up on time for your session and be prepared to listen to all instructions while being polite to the mediator and your child’s other parent.

What Your First Session May Look Like

When you arrive at your first session, the mediation process will be explained to you and your co-parent. You will also be given handouts that will further explain the process, as well as the divorce process and its effect on the children involved. You will also be walked through information on caring for the needs of your children during this process where things may seem chaotic or traumatic for them.  In Santa Clara County you will be required to attend the online Parent Orientation Program that will also provide you with information you need for the participating in the Mediation process .

Both parents will be able to speak about their side of the situation. It is strongly advised that, if possible, you and the other parent of your children cooperate during the mediation process. The mediator will be watching the way that the two of you interact with each other, which could potentially impact the final outcome of your court hearing and settlement.

In most cases, only a single one hour mediation session is necessary, but sometimes this is not possible and another session is needed. If this happens, depending on your circumstances, the mediator might ask for your children to accompany you to the session.

What Is Involved in A Parenting Plan (Also known as Custody Orders)

Parenting plans are typically unique to each family, according to their particular needs. Most of these plans involve stipulations regarding legal custody, whether it is joint custody or sole custody. Another detail that is included is parenting time, which is a plan that involves how much time the child spends with each parent. This can also include where the child will spend their holidays, vacations, and other special events.

Whatever details are included in a parenting plan will be outlined in a recommendation written by the mediator that is then submitted to the family court judge if you are in a recommending County.. This recommendation will also include the mediator’s reasoning based on facts as to why they recommended what they did.

If you are in a Confidential Mediation County, everything that occurs during mediation is confidential and cannot be used or discussed outside of mediation.  There will be no report with recommendations or reasons for recommendations provided to the Court.  If agreements are reached by the parents, the proposed agreements are written and provided to the parents to go through the process of finalizing the agreement, either through further court hearings or by an out-of-court written settlement.

FAQs

Q: How Do You Handle a Mediation Recommendation That You Don’t Like in California?

A: If you don’t like a mediation recommendation in California resulting from a recommending counseling process, it is important to handle it in an effective way to achieve the outcome that you want. You have the option to oppose the recommendation and speak your opinion to the court, asking for a different order to be created. If you only dislike one section of the recommendation instead of the whole parenting plan developed, then you can request that that specific section be changed.

Q: Who Pays for Mediation in California?

A: In most cases, the couple splits the cost for mediation in California. In the event that a private mediator has been chosen, rather than having a court-appointed one, the fees may be more than if one were assigned to them. Many mediators charge an hourly rate that can vary depending on their location and how many years they have worked as a mediator.

Q: Do Judges Follow Mediator Recommendations in California?

A: Yes, many judges will follow mediator recommendations in California. When the mediator makes recommendations to the judge, they consider all of the facts of the case and determine what is best for the child based on those facts. As mediators are supposed to make recommendations in non-confidential medication California counties, the judges depend on these recommendations to finalize a parenting plan.

Q: What if Domestic Violence Is Involved in Mediation in California?

A: If domestic violence is involved in mediation in California, the court will handle the situation differently. If the family court knows the situation, they will not make it a requirement for both parties to be in the same room with each other. Instead, one person will discuss their side with the mediator at a time.

Consult with a Family Lawyer in California

If you and the other parent of your child have a child custody or visitation dispute, you will likely need to go to a mediation session. Once there, you will be able to create a parenting plan together and prepare for a hearing, if necessary. With the help of a family law specialist, you can have a better understanding of what to expect from family court mediation in California. Contact TDC Family Law for more information.