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What Is Family Court Services Mediation? (Conciliation Court)
Family Court Services mediation (also known as Conciliation Court) is part of the Superior Court. The staff of Family Court Services mediate disagreements between divorcing and/or separating parents regarding the care of their children. Mediation gives parent a chance to resolve disagreements with the help of a court employee who is an expert is resolving these disagreements. If the parents are able to work out an agreement, the mediator helps the parents write a custody and visitation order.
Is Mediation Mandatory?
Yes, if there is a custody dispute, you must go to mediation. Family Code requires that if there is a contested issue regarding children, the parties must attempt to resolve their disputes through mediation before the court makes orders in a litigated hearing. (Family Code, §3170). This is true for dissolution and paternity filings (mediation may also be used in guardianship cases).
Although the law requires the parents to participate in the mediation process, there is no requirement that they reach an agreement.
Do I Need An Appointment?
Yes, you need to set an appointment. Appointments may be scheduled in the courthouse where the hearing will be held or in any of the other Family Court Services Mediation Offices in Los Angeles County. Often, district offices may have a shorter waiting period than the central office and may be geographically more convenient. Separate sessions are available for domestic violence cases upon request. Contact the office to discuss options for mediation of cases where parties reside out of state.
What Happens In Mediation?
Parties are asked to complete and sign an information form. The information form may be obtained and completed in advance. The mediator reviews this form to obtain basic information on the family.
- The mediator may meet with the parties together and/or individually. Individual sessions are available in domestic violence cases. The mediator will ask questions to develop an understanding of the family history.
- The mediator and parties determine the issues needing to be resolved. When safe and appropriate, the mediator will assist the parties to temporarily set aside their adult disputes and focus on developing arrangements that are in the best interests of their children.
- The mediator will share information on the developmental needs of children. Parties may address legal custody, parenting plans, holiday and vacation schedules, transportation and other areas that are specific to the needs of the children.
- Parties will consider the options and may resolve all, some or none of these issues.
Is Mediation Confidential?
In Los Angeles County mediation is confidential. Mediators will not make reports to the court regarding issues discussed in mediation. The mediator may only submit to the court agreements that are mutually acceptable to both parents and signed by both parents. Mediators will inform the court when a party does not appear for mediation, if parties cannot reach an agreement or if there are child abuse allegations being investigated by the Department of Children and Family Services. Mediators may recommend a child custody evaluation. The mediator may also recommend that an attorney be appointed to represent the child. Mediators are mental health professionals and therefore mandated reporters of suspected child abuse. Suspected child abuse is reported to Children's Protective Services. Mediators are also required to report if a party threatens to harm him/herself or others.
Are Children Interviewed?
Children are not always interviewed. However, mediators are trained to interview children. Mediators will interview children if it assists parents in developing parenting plans. Feedback from children interviewed by a trained professional can assist parents in developing appropriate parenting plans. Mediators never ask children with whom they want to live.
Do Attorneys Go To The Mediation Appointment?
Attorneys may attend the mediation appointment but do not have to. Attorney participation in mediation can be very helpful assisting parties reaching an appropriate parenting plan. If both parties have attorneys, both attorneys must be present in order for either attorney to participate in the mediation process. Sometimes, attorneys arrange to be available to their clients and the mediator by telephone. Parties are always advised to bring copies of agreements to their attorneys.
What Is Included In An Agreement?
A Agreement is a detailed description of when the children will be with each parent. Once the agreement is signed by the parents and the mediator, it is signed by a judicial officer and becomes a court order. Sometimes, parties may resolve all their parenting issues in mediation; sometimes parties may only be able to resolve a portion of their parenting plan. Parties are encouraged to resolve as many issues as they believe are appropriate. Mediators only draft agreements acceptable to both parties. Mediators will decline drafting an agreement that does not appear to be in the best interests of the children.
Parties may return to mediation at a future date to discuss unresolved issues or modify agreements.
What If I Change My Mind About The Agreement?
A parent can change his or her mind regarding the agreement. The agreement may be canceled. Cancellation requests must be in writing and received by the Family Court Services Mediation Office before the next court hearing or within 10 days of signing the agreement, whichever occurs first. Parties may make another appointment to discuss other options.
What If We Don't Reach An Agreement?
If parents are unable to resolve issues in the mediation process, mediators notify the court that the parents participated in the mediation process but were unable to reach an agreement.
What If There Has Been Violence Between The Parents?
Separate sessions are provided upon request if domestic violence has occurred. Mediators may also initiate separate sessions if there is an appearance of intimidation. Attorneys and paralegals are encouraged to call the Mediation Office in advance to arrange mediation appointments that best meet the safety needs of their clients. Victims of domestic violence may wish to have an advocate accompany them to their mediation appointment. (Fam.Code, § 3181.) [All Court mediators receive training to meet state standards.]
Who Are The Mediators?
Family Court Services mediators are court employees. Mediators are required to have a masters degree in a social science and five (5) years post-masters experience working with families and children. In reality, most mediators exceed the miminum requirements. Most mediators hold licenses in clinical social work or marriage, family and child counseling. Currently, a number of our Mediators speak Spanish. All receive ongoing professional training.
Are There Professional Standards For Mediators?
Yes, the state has standards for conducting mediation which is contained in California Rules of Court 5.210
Where Is Family Court Services Located?
Mediation services are provided in the following Los Angeles Superior Court locations:
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Stanley Mosk Courthouse (Central) |
111 N. Hill St., Rm. 241, Los Angeles |
(213) 974-5524 |
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Antelope Valley |
42011 Fourth St. West, Lancaster |
(661) 974-7349 |
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Burbank |
300 E. Olive Ave., Rm. 219 |
(818) 557-3434 |
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Compton |
200 W. Compton Blvd., Rm. 1003 |
(310) 603-7701 |
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Long Beach |
415 W. Ocean, Rm. 503 |
(562) 491-6130 |
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Norwalk |
12720 Norwalk Blvd., Rm. 701 |
(562) 807-7271 |
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Pasadena |
300 E. Walnut, Rm. 100 |
(626) 356-5509 |
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Pomona |
400 Civic Center Plaza, Rm. 110 |
(909) 620-3115 |
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San Fernando |
900 Third St., Rm. 4059 |
(818) 898-2721 |
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Santa Monica |
1725 Main St., Rm. 225 |
(310) 260-3711 |
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Torrance |
825 Maple St., Rm. 450 |
(310) 222-8881 |
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Van Nuys |
6230 Sylmar Ave., Rm. 213 |
(818) 374-2210 |
Parties may attend mediation in any of the districts regardless of where their court hearing is calendared.
Is There A Charge For Family Court Services Mediation?
No, there is no charge for mediation services.
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