Understanding the Process of Family Law Mediation in California
Family law disputes can be emotionally taxing and complex, often involving sensitive issues such as child custody, visitation rights, and spousal support. In California, family law mediation serves as a valuable tool to help parties resolve these disputes in a less adversarial manner. This article aims to provide a comprehensive understanding of the family law mediation process in California.
What is Family Law Mediation?
Family law mediation is a confidential process where a neutral third party, known as a mediator, assists the disputing parties in reaching a mutually acceptable agreement. The mediator does not make decisions but facilitates communication between the parties, helping them understand each other's perspectives and explore possible solutions.
In California, family law mediation can be used to resolve disputes relating to existing orders for custody, visitation, or both1. It can also be used in cases involving child and spousal support disputes2.
The Mediation Process
The mediation process in California is governed by several sections of the California Family Code. Here is a general overview of the process:
- Initiation: A petition for mediation can be filed for disputes relating to an existing order for custody, visitation, or both3. The mediation should be set not later than 60 days after the filing of the petition3.
- Mediation Orientation: In some cases, parties may be required to attend a mediation orientation class. This class provides general information on the effect of separation and dissolution on children and parents, the nature of the mediation process, and related community resources4.
- Mediation Session: After orientation, an appointment for the mediation session is scheduled. During the session, the mediator facilitates discussions between the parties, helping them explore possible solutions to their dispute5.
- Agreement: If the parties agree to all of the issues regarding custody or visitation during the mediation, the mediator memorializes the agreement in writing5. Unless written objections to the agreement are sent within 20 days of mailing the agreement, it becomes a court order5.
- Partial Agreement or No Agreement: If mediation is completed and there are remaining disputes, the mediator writes a memorandum of any partial agreement and outlines the remaining disputes5. The parties then meet and confer to determine if a solution can be formulated5.
Confidentiality in Mediation
Mediation proceedings in California are held in private and are confidential6. All communications, verbal or written, from the parties to the mediator made in the proceeding are considered official information6.
The Role of an Attorney in Mediation
While the mediator facilitates the discussion, it's crucial to have legal representation to ensure your interests are protected. An experienced family law attorney can provide legal advice, help prepare for the mediation, and review any proposed agreements.
At the Law Office of Mark A. Nelson, APC, we understand the complexities of family law disputes and the mediation process. Our experienced team is committed to providing compassionate and effective legal representation to protect your rights and interests. If you need assistance with family law mediation in California, don't hesitate to contact us.
Disclaimer: This article is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a complete legal analysis of the subject matter. For legal advice, please reach out to the Law Office of Mark A. Nelson, APC.
Footnotes