| When parents separate or divorce in California and | | | | discussed in mediation. Mediators may report to the |
| child custody is contested, the parties can attend | | | | court a signed mutual agreement which has been |
| child custody mediation to sort out their | | | | mutually accepted by both parties. Mediators may |
| disagreements. Child custody mediation is a form of | | | | recommend a child custody evaluation or investigation |
| alternative dispute resolution that may be scheduled | | | | or that an attorney be appointed to represent the |
| by appointment with the appropriate County Family | | | | child. Mediators are generally mandated reporters of |
| Court Services mediation department or Conciliation | | | | child abuse, which means they are required to report |
| Courts. | | | | suspicion of child abuse to Child Protective Services |
| In a contested child custody matter, child custody | | | | or CPS. |
| mediation is often required before the parties can | | | | California Family Code section 3170-3173 describes |
| have a litigated hearing. In other words, the parties | | | | the availability of child custody mediation and |
| must first attempt to sort out their child custody and | | | | addresses child custody and visitation disputes |
| visitation disagreements through child custody | | | | involving modifications, domestic violence, adoptions, |
| mediation before a Superior Court judge or | | | | paternity, and stepparent and grandparent petitions. |
| commissioner will hear the child custody dispute. | | | | California Family Code section 3160-3165 describes |
| Typically in child custody mediation, both parents are | | | | the general provisions of child custody mediation and |
| asked to complete a child custody mediation | | | | its purpose. |
| information form, which helps the mediator learn | | | | However, since the specific details of child custody |
| more about the child custody and visitation issues | | | | mediation and mediators may differ from county to |
| being disputed before meeting with the parents. The | | | | county in California and can change over time, you |
| mediator may meet with the parents together or | | | | may want to inquire with the appropriate Superior |
| individually and will typically facilitate the discussion in | | | | Court courthouse for more information. Further, you |
| attempts to help the parents resolve their disputes. | | | | would be wise to consult a divorce attorney or family |
| In child custody mediation, the parties may resolve all, | | | | law attorney to help you learn more about the local |
| some, or none of the child custody issues being | | | | processes and local rules for child custody mediation |
| disputed. | | | | and learn if child custody mediation is the right |
| In counties where mediation is confidential, the | | | | approach for your situation. |
| mediator will not report to the court what was | | | | |