If you are in the early stages of child custody dispute in California, it is important to understand that the Court will require the parties attend mediation as part of the action in almost all cases. California Family Code §3170 provides that the Court set mediation proceedings in any action where custody or visitation is in dispute. The purpose of the mediation is for the parents to participate in a process that will help them come to an agreement about custody, visitation and other aspects of a parenting plan. If the parents cannot come to an agreement about a parenting plan, then in most counties the Court is given recommendations from the mediator on what parenting plan the mediator feels is in the best interests of the child and typically those recommendations are given a lot of weight by the Court.
Given the purpose of the mediation and the drastic outcomes that can occur if the Court adopts a mediator's recommendations should the parties not come to an agreement, it is important to understand the mediation process and the different types of mediation that are generally available.
Mediation Offered Through the Court
California Family Code §3160 provides that every Court must provide the services of a mediator in child custody disputes.These services are offered in each county, in Sacramento those services are offered through Family Court Services. One benefit of FCS mediation is that the cost is minimal compared to private mediation.Further, the mediation process does not take very long so generally the parties can participate in mediation and have a lasting order in place in just in a month or two.
The downside to FCS mediation is that the parties are only given about an hour with the mediator and then the mediator submits his or her report.Generally, FCS does not have the time or resources to come to an informed and complete recommendation to the Court.In cases involving violence, addiction or other serious issues, this mediation process can produce results that are directly contrary to the best interests of a child.The reason is that FCS mediators do not have the time to truly understand your personal situation.
Private Mediation
Private mediation is mediation before a private mediator that is not supplied by the Court or through Family Court Services.The parties generally have to stipulate to the use of a private mediator or a party has to get a Court order allowing for it.While in theory a private mediation completes the same function as Family Court Services mediation, there are glaring differences between these two processes.
The downside to private mediation is that it can be costly.Most private mediators charge a retainer that can range from $1,000 to upwards of $5,000.This retainer covers the hourly rate of the mediator for the time spent of the dispute.Further, private mediation generally is a longer process than the process offered through Family Court Services.Not only do the parties have to find time in their own schedules, they also have to account for the busy schedule of private mediators.This can cause delay.
However, if you are involved in a complex or contentious child custody dispute, the fact that private mediation takes longer is a benefit.Private mediators generally hold more sessions with the parties and have the time and ability to delve deeper into the parties' issues.Furthermore, private mediators generally have more experience and training in cases involving domestic violence, addiction and other issues.This experience and training allows for a recommended parenting plan that more likely will produce better results and less contention in the long run.
Choose Wisely
Unless you are ready to agree to custody, visitation and other parenting issues before ever going to Court, chances are that you are going to end up in mediation.Whether private or Court offered mediation is right for you depends on the complexity of the issues at hand.Generally, if two parents agree on most things and there are not complex issues, such as addiction or violence, at hand, mediation through Family Court Services may be most appropriate.However, if your case is complex, private mediation may be more appropriate to give everyone time to truly understand the issues that exist.In the end, mediators and their opinions carry great weight with the Court so it is very important to understand the different options you have.Talking to an attorney can certainly help you make the right decision for you and your children.
Disclaimer
Dena Bez is a licensed California Attorney whose practice focuses on family law including divorce, custody disputes, domestic partnership issues, adoption and small business counseling and litigation.
This Article is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using the article or the information contained in the article you understand that there is no attorney client relationship between you and the publisher. Any information in the article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
