| If your divorce involves minor children, and you and | | | | counseling, or a related field; at least two years of |
| your spouse can't agree on custody or visitation | | | | experience working in mental health; and knows how |
| issues, you may be required to participate in California | | | | the family court system works. |
| divorce mediation. After reading this article you will | | | | Court mediators must also meet specific training, |
| know how it works. | | | | continuing education, and experience requirements |
| California divorces are handled through the state's | | | | outlined in the California Rules of Court 5.210. |
| Superior Court system, which includes Family Court | | | | What Happens in California Divorce Mediation? |
| Services. According to California law (Family Code | | | | The mediator meets with the parents either together |
| Section 3170) if divorcing couples can't agree on a | | | | or separately and starts by learning about your family |
| parenting plan for their minor children, the court will | | | | history. You have the right to meet with the |
| require them to attend California divorce mediation | | | | mediator separately if you have been the victim of |
| through the Family Court Services. | | | | domestic violence. You are also allowed to bring along |
| If this is the case in your divorce, the good news is | | | | a support person in cases of domestic violence. |
| that you won't have to pay for the services of the | | | | Your mediator will teach you about the needs of |
| mediator provided by the Family Court Services | | | | children at different stages of development, and at |
| department. If you have already used private | | | | different ages, so you can work out an agreement |
| mediation services, it's possible the court will allow | | | | that serves the best interests of the children. |
| that to meet the requirement for mediation. | | | | The parents and the mediator work together to |
| What is California Divorce Mediation? | | | | determine the issues that are preventing you from |
| It is a way to resolve disputes about child custody | | | | reaching agreement, and then work to resolve them |
| and visitation without having to go to court and let a | | | | so you can create a parenting plan. |
| judge who knows nothing about you or your family | | | | The parents will be asked to look at options for |
| make these decisions for you. So it is in your best | | | | solving their disagreements, but it's not required that |
| interest to try as hard as you can to make mediation | | | | they resolve their disputes in mediation--just that |
| work. | | | | they attend. |
| It is a process where the California court mediator | | | | Hopefully the mediation will be successful, and in this |
| facilitates you and your spouse making your own | | | | case, the mediator will help the parents write a |
| agreement about how you will take care of your | | | | custody and visitation order. If you are getting |
| children. In California law, this agreement is called a | | | | divorced without a lawyer, the mediator or the |
| "Stipulation" but is also known as a "Parenting Plan" or | | | | parents will give the agreement to the judge to |
| a "Parenting Agreement." | | | | approve and sign. When the judge signs it, it |
| What Are the Goals of Mediation? | | | | becomes an official court order. |
| Family Court Services mediators are experts who can | | | | Instead of a written agreement, you could use forms |
| help parents resolve disagreements about custody | | | | provided by the California Judicial. There is form |
| and visitation. Their goal is to help parents resolve the | | | | FL-355 which can have the following attachments: |
| issues that are preventing them from reaching | | | | FL-341, 341(C), 341(D) and 341(E). |
| agreement by learning ways to deal with their anger | | | | What Happens if We Can't Agree? |
| and resentment. The ultimate goal in mediation is to | | | | If your California divorce mediation is not successful |
| create a parenting plan that is not only in the best | | | | and you aren't able to reach an agreement, a judge |
| interest of the children, but will also allow each parent | | | | will decide and make an order at a hearing, as per |
| to spend time with the children. | | | | California Family Code Section 3170. In some courts, |
| Who Does the Mediation? | | | | the judge may ask the mediator for an evaluation. |
| Although there is no special license or certificate | | | | Also, before deciding your case, the judge may |
| required to be a court mediator, the State of | | | | request an evaluation by a mental health professional, |
| California has developed standards of conduct for | | | | and you could incur a fee for this. |
| mediation. These standards are included in the | | | | This information should show you how seriously the |
| California Rules of Court 5.210. | | | | court takes the welfare of children during divorce. I |
| When a mediator is hired by the Family Services | | | | hope you will do the same, and give your best effort |
| department of a California Superior Court, he or she | | | | for a successful resolution during California divorce |
| generally has a master's degree in social work, | | | | mediation. |