Mediation plays a critical role in resolving child custody and visitation disputes in California. Chapter 11 of the Family Code sets the legal foundation for how mediation must be structured and carried out. These provisions aim to reduce hostility, prioritize the child’s best interest, and encourage parents to resolve conflicts without prolonged court battles. Below is a breakdown of Chapter 11, organized by article, with key takeaways from each section.
3160–3165: General Provisions
All California superior courts must provide access to a mediator for custody and visitation disputes. Establishing a family conciliation court is not required to offer mediation.
The main goals of mediation are:
- To reduce conflict between the parents
- To create a parenting plan that maintains ongoing relationships between the child and both parents
- To settle visitation disputes in a way that supports the child’s best interest
Mediation is governed by statewide standards set by the Judicial Council. These include maintaining the child’s relationship with both parents, easing the transition for the family, and ensuring fair negotiations. Courts must also have local rules to address concerns about mediator performance or requests for a new mediator.
Mediators can come from various professional backgrounds but must meet specific qualifications. Supervisors of mediation programs hired after January 1, 1998, must fulfill continuing education standards.
Key takeaways:
- Mediation is required and accessible through each superior court.
- Mediators must be qualified and follow statewide and local rules.
- The process prioritizes the child’s needs and aims to reduce parental conflict.
3170–3173: Availability of Mediation
When a parent files a contested custody or visitation petition, the court must refer the case to mediation. In cases involving domestic violence, Family Court Services must follow separate protocols approved by the Judicial Council. Other support services may be offered, such as education programs or community referrals.
Stepparents and grandparents seeking visitation are also entitled to mediation. If a biological or adoptive parent is not involved in the case, they are not required to attend, but their absence waives their right to contest a mediated settlement.
Mediation must still be provided even if paternity is disputed, and courts can authorize mediation of existing custody or visitation orders. Once initiated, mediation must occur within 60 days.
Key takeaways:
- Mediation is mandatory for contested custody and visitation matters.
- Domestic violence and nontraditional family disputes (e.g., grandparent visitation) are included.
- Timing and procedural fairness are emphasized.
3175–3188: Mediation Proceedings
Mediation must be scheduled before or concurrently with court hearings. Notice must be given to all involved parties, and communications during mediation are confidential and legally protected.
Agreements reached in mediation are limited to custody and visitation issues. These agreements can be modified later by the court. Mediators can interview the child and must focus on the child’s best interest.
Special rules apply in domestic violence cases: the mediator must meet parties separately if requested. Mediators also have discretion to exclude attorneys or support persons if necessary.
In cases where no agreement is reached, mediators may submit recommendations to the court or suggest further investigation or protective orders. Mediators can also recommend that the court appoint legal counsel for the child.
Agreements reached must be reported to attorneys before being shared with the court. They are only binding if all parties confirm them in writing or in court.
Confidential mediation programs can be adopted by certain courts, limiting the mediator’s ability to report to the court or make recommendations unless specific conditions are met. These programs aim to keep the mediation process more private while still addressing serious safety concerns when necessary.
Key takeaways:
- Mediation is confidential and child-focused.
- Mediators have significant discretion but must act in the child’s best interest.
- Agreements must be affirmed to become legally binding.
- Domestic violence protections and safety considerations are built into the process.
Chapter 11 provides a structured, child-centered framework for resolving custody and visitation disputes through mediation. Its provisions ensure consistency across courts while allowing flexibility for special circumstances such as domestic violence or high-conflict cases. Mediation under this chapter is designed to protect children, support families, and reduce the adversarial nature of custody battles.