Legal Question in Family Law in California
My ex has filed a motion to change our existing custody and visitation order and we will be going into mediation again. Two years ago I gained primary custody. My question is: going into mediation this time will the mediator have access to the previous case information and is the mediator likely to review the case information. Or will the mediator work exclusively from the current set of declarations?
Thank you.
2 Answers from Attorneys
Each jurisdiction as well as each mediator has some latitude to approach mediation in a somewhat flexible fashion. If you have a mediator that has no prior experience with your case, the new mediator may ask for some past history to better understand why you are returning to court. Not a bad idea to ask the mediation intake staff in charge of scheduling your appointment what you may expect.
You should bring to the Mediation, the last court order giving you custody in case you need to show it to the Mediator. As you know, since you have been to Mediation before, the Mediator will want to know what each of you wants, and you should indicate that what you want is in the best interest of the minor child. Your spouse will also do the same. The Mediator will try to see if there can be some compromise between what each of you wants. Remember, the Mediator cannot force either one of you to agree to anything, so if you are not comfortable coming to an agreement in Mediation, you don't have to. Again, each of you should look at the situation objectively, to determine what is best for the child or children.
BARRY BESSER
www.besserlaw.com
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