“Mediation of custody and visitation issues is provided for by Fam. Code, §§ 3160 et seq. The Judicial Council, pursuant to the legislative directive of Fam. Code, § 3162, has adopted uniform standards of practice to govern court mediation programs. [Cal. Rules of Court, rule 1257.1] In addition, local court rules are required by Fam. Code, § 3163, “to respond to requests for a change of mediators or to general problems relating to mediation.” Local rules affect most aspects of mediation, including the extent of attorney participation in mediation, and the timing and duration of the process. There is considerable variation in the local rules, and it is essential that counsel be familiar with those of the relevant jurisdiction.”
“Mediation is mandatory where it appears on the face of the pleadings that custody or visitation issues are contested in proceedings for temporary, permanent, or modified orders. [Fam. Code, § 3170] Domestic violence cases are handled by Family Court Services according to a separate written protocol approved by the Judicial Council, as set forth in Cal. Rules of Court, rule 1257.2. [Fam. Code, § 3170, subd. (b)] A dispute over the child’s paternity is not a ground for denying the parties access to mediation. [Fam. Code, § 3172] Failure to engage in mandatory mediation may estop a party from seeking modification of a subsequent custody or visitation order. [In re Marriage of Economou, 224 Cal. App. 3d 1466, 274 Cal. Rptr. 473 (3d Dist. 1990)]”
“The purpose of mediation is to reduce acrimony between the parties, develop an agreement that will assure such close and continuing contact with both parents that is in the child’s best interest, or to settle the visitation rights of the parties according to the child’s best interest. [Fam. Code, § 3160] The mediator must use his or her best efforts to effect a settlement consistent with the child’s best interest under the considerations provided in Fam. Code, § 3011 (child’s health, safety, and welfare; any history of spousal or child abuse; and the nature and amount of contact with both parents). [Fam. Code, § 3180, subd. (b)] The mediator is also directed to assist the parties in focussing on the child’s needs, to identify areas of stability for the child and strength in the family, locate counseling or other services, and develop a comprehensive parenting plan that addresses each child’s current and future developmental needs Cal. Rules of Court, rule 1257.1(d)(2)(C)”
“In conducting the mediation, the mediator, using his or her reasonable efforts, considering safety factors and controlling for power imbalances between the parties, is required to maintain an overriding concern to integrate the child’s best interest within the family while developing a comprehensive parenting agreement that addresses each child’s current and future developmental needs. The mediator must also inform the parties and any counsel for the minor child if the mediator will make a recommendation to the court as provided under Fam. Code, § 3183. [Cal. Rules of Court, rule 1257.1 (d)(2)] The uniform standards of practice at Cal. Rules of Court, rule 1257.1(g) provide ethical standards for mediators that provide that mediation shall be conducted in an atmosphere that encourages trust in the process and a perception of fairness. The mediator must therefore: (1) Meet the practice and ethical standards of the code of Ethics for the Court employees of California and of related law; (2) Maintain objectivity, provide and gather balanced information for both parties, and control for bias; (3) Protect the confidentiality of the parties and the child in making any collateral contacts and not release information about the case to any individual except as authorized by the court or statute; (4) Not offer any recommendations about a party unless that party has been evaluated directly or in consultation with another qualified neutral professional; (5) Consider the health, safety, welfare, and best interest of the child in all phases of the process, including interviews with parents, extended family members, counsel for the child, and other interested parties or collateral contacts; (6) Strive to maintain the confidential relationship between the child who is the subject of an evaluation and his or her treating psychotherapist; (7) Operate within the limits of his or her training and experience and disclose any limitations or bias that would affect his or her ability to conduct the mediation; (8) Not require children to state a custodial preference; (9) Not disclose any recommendations to the parties, their attorneys, or the attorney for the child before having gathered the information necessary to support the conclusion; (10) Disclose to the court, parties, attorneys for the parties, and attorney for the child conflicts of interest or dual relationships and not accept any appointment except by court order or the parties’ stipulation; (11) Be sensitive to the parties’ socioeconomic, gender, race, ethnicity, cultural values, religious, family structures, and developmental characteristics; and (12) Disclose any actual or potential conflicts of interest. In the event of a conflict of interest, the mediator shall suspend mediation and meet and confer in an effort to resolve the conflict of interest to the satisfaction of all parties or according to local court rules. The court may order mediation to continue with another mediator or offer the parties alternatives. The mediator cannot continue unless the parties agree in writing to continue mediation despite the disclosed conflict of interest.”
[California Civil Practice Family Law Litigation [certain citations omitted]]
