Mediation has become a valuable tool helping resolve family law issues. The courts have even come to require all custody and visitation cases to through mandatory mediation before a hearing. The most common scenario is two parents working through custody as part of their divorce. Mandatory mediation is also required when grandparents and stepparents are asking for visitation rights.
A few important things to know about mandatory mediation:
It is provided by the court at no cost
The mediator must meet numerous professional qualifications
Mediation is confidential and discussions are private
Mediator has duty to help resolve in best interest of child
If the parties reach an agreement the mediator can prepare a recommendation based on the parties’ instructions. In addition in Santa Cruz the mediator may prepare a recommendation based on the children’s best interest if the parties do not come to an agreement. This recommendation may become a temporary agreement and if the parties agree it will becomes a permanent agreement.
If the parties cannot reach an agreement during mediation and will not agree to the mediator’s recommendation then the case may continue to a hearing. The courts strongly encourage reaching an agreement, but it some cases it may inevitable to litigate the issues.
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