Often clients ask me what is mediation and why do they have to go. Well, in any child custody and visitation dispute in California, it is mandatory for both parties to attend a mediation session in an attempt to resolve their custody and visitation dispute prior to seeing the Judicial Officer.
Before an attorney can file any documents pertaining to child custody and visitation, they have to show that there is an agreed upon mediation date that is PRIOR to the hearing date.
What generally happens is both parties (absent counsel, attorneys are not allowed in custody and visitation mediation) and a mediator (generally a social worker appointed by the Superior Court) meet and try to resolve the issue. The mediator will ask each party what they feel is an appropriate change in custody or visitation schedule. If the parties can cooperate with one other they can settle it right there and then.
If cooperation is not looking good the mediator may suggest a suitable arrangement based on hearing both sides and on the ages of the kids. The parties may agree to the suggested schedule or discuss alternatives. Hopefully everyone can come to an agreement.
If they do come to an agreement, they all sign off on a 'mediation agreement' which they each may show to their attorney. Should either of the parties change their mind, they have ten days to object to the mediation agreement.
If there is no resolution as a result of the mediation session or if one of the parties later objects to the agreement, then the matter will proceed to a hearing.
In any case the mediator will produce a report that details what was done at the meeting and the results. It's important to note that this report is submitted to the Judicial Officer with a recommendation in Orange County but NOT in Los Angeles County.
I always encourage my clients to resolve as much as possible in mediation and only reserve disputed custody and visitation issues for a hearing in front of the judge. Some judges have 20 to 30 matters to hear EVERY DAY! Therefore the more that can be done and settled in mediation the better and faster things will go in court!
By: Demetria L. Graves, Esq.
The Law Offices of Demetria L. Graves
http://www.attorneygraves.com
**This article is not intended to be legal advice. You should consult an attorney in your state for advice regarding your individual situation.
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