| A mediator in California can help parents involved in a | | | | Mediators are generally trained to interview children, |
| contested child custody and visitation dispute resolve | | | | but children are not always interviewed in mediation. |
| their disagreements in mediation without a litigated | | | | Interviewing children may be at the mediator's |
| hearing. Mediation is a mandatory process in California | | | | discretion and should be consistent with the guidelines |
| that must take place before a contested issue | | | | set forth in Family Code section 3180(a). |
| regarding custody and visitation is heard in a litigated | | | | Mediator Qualifications |
| hearing as pointed out in Family Code 3170. Due to | | | | Mediators will typically have at least a Masters |
| the high degree of conflict often associated with | | | | Degree and experience in the fields of psychology, |
| contested child custody and visitation disputes, | | | | marriage, family, and child counseling. Mediators will |
| mediators in California will have special training, | | | | usually be trained on the developmental needs of |
| qualifications, and experience and must adhere to | | | | children and how domestic violence, child abuse, |
| certain guidelines and standards when conducting | | | | substance abuse, separation, and divorce can have |
| mediation. | | | | an effect on them. |
| Mediator and Domestic Violence | | | | Mediator Limitations |
| Mediators should have training in the field of domestic | | | | A mediator may not be able to help all parents work |
| violence to help facilitate situations in which domestic | | | | out their disputes. Some cases are too complex or |
| violence is present. Family Code 3181 addresses the | | | | far too acrimonious. When parents do not settle their |
| domestic violence training requirements for mediators. | | | | issues in the mediation process, a mediator will notify |
| When domestic violence has occurred or if there is | | | | the court that the parties participated but were |
| fear of intimidation by one party or the other, for | | | | unable to reach an agreement. |
| safety purposes, the mediator will often meet with | | | | If you are involved in mediation you will want to |
| the parents separately. When domestic violence has | | | | consult an attorney in your area to help you learn |
| taken place it is wise to inform the mediation office | | | | about the mediation process, standards, purpose, |
| or the mediator prior to going into your appointment. | | | | your rights, and what mediators can and cannot do in |
| Mediator and Interviewing Children | | | | mediation. |