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