Family law mediation plays a significant role in courts all across California. When spouses decide that filing for divorce is the best option for them, mediation may play a role in the outcome of the divorce. If the couple cannot agree on material issues in the settlement of the divorce they may attend mediation in an attempt to resolve the disagreements. When parents, whether married or not, cannot come to an out of court agreement regarding the custody of their mutual children, family law mediation will be ordered by the court.
There are many things that those facing family law mediation should be aware of. First, mediation is confidential, so what is said in the mediation session or sessions will not be released to the public. Those who are ordered to child custody mediation will have the opportunity to resolve the disagreement regarding the timeshare of the child or children. If the parties are unable to come to an agreement in mediation, the mediator will make a recommendation to the court on what they believe is in the best interest of the child or children.
The mediator’s recommendation is just that, a recommendation. The judge is not bound to it, however, most family law judges follow a family law mediation recommendation. If you object to the judge’s decision you may be able to take the issue to trial. If you decide to do that, it is in your best interest to seek representation from an experienced family law attorney.
If you are facing the possibility of family law mediation call Hoover ♦ Krepelka, LLP. We will listen carefully to your concerns, discuss legal options and outline a strategy to help meet your goals. Call our family law attorneys today at 408-389-7099.