Legal Question in Family Law in California

Hello sir, Im in California and I need to vacate a lot of orders due to mediator failing to disclose bias and conflicts of interests, isn't the mediator supposed to file a statement within 15 days if she recused on her own? And What form do i file with my motion to vacate any orders participated in by mediator and any later orders placed based on previous orders which included her participation. And what do I name that pleading? Confused.??? ME 2!

I need the form numbers to file with my motion to vacate due to fraud, in family child custody lawsuit, and what to call my motion on the pleading side? Is it points of authorities?


Asked on 9/04/14, 1:18 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

You make conclusions and statements like bias and conflict

(2) A mediator's duty to disclose is a continuing obligation, from the inception of the mediation process through its completion. Disclosures required by this rule must be made as soon as practicable after a mediator becomes aware of a matter that must be disclosed. To the extent possible, such disclosures should be made before the first mediation session, but in any event they must be made within the time required by applicable court rules or statutes. For example in LA county it us 5 days. See CCP 170.1 and the California ruled of the court 3.855. I will suggest you need an Attorney. You will be accusing a mediator of unethical behavior, you will need more than just allegations that you perceive there was a conflict that required recusal ...

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Answered on 9/04/14, 2:46 am


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