Legal Question in Family Law in California

Can parties go to a private mediator or do they have to go to the court appointed mediator regarding child custody and visitation rights?


Asked on 8/20/09, 12:52 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The parties can agree to a private mediator. If they reach an agreement it can be made a court order by way of a stipulation. You should consider making the mediation confidential. This will encourage both parties to be more open about their wants and concerns. There should also be an agreement regarding the payment of the private mediator. A written mediation agreement is required to reduce the possibility of problems in the future. The parties cannot agree to allow the mediator to make custody and visitation decisions. The agreement should provide that the recommendation of the mediator will be submitted to a judge to be made a court order,

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Answered on 8/20/09, 1:36 pm


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