Mediation – FAQs

1. Is mediation mandatory for children non-biological children, such as children adopted during marriage or former stepchildren?

At divorce, children adopted during marriage are treated identically to biological children, and the mediator and the court will resolve child custody issues in the same way. Thus, for child custody for children adopted during marriage, mediation is mandatory. Former stepparents have no child custody rights in the event of a divorce, but they may be granted visitation rights if the divorce court deems it appropriate.

2. Is mediation confidential?

Most information disclosed at the mediation will not be public record or given to the court. However, the mediator must report any suspected child abuse or if a party threatens to hurt him or herself or others. In some counties, if the parties do not agree, the mediator can submit a recommendation to the divorce court, and the mediator may cite statements made by the parties or their attorneys during the mediation.

3. If I signed an agreement at the mediation, can I later change my mind and undo the agreement?

Yes, you can cancel the agreement, as long as the cancellation notice is in writing and forwarded to the mediation office before the next court hearing or within 10 days of signing the agreement, whichever comes first. The parties are free to schedule an appointment for another mediation.

4. If we reached a mediation agreement years ago, but our children are older now and the mediation agreement needs to be changed, can we do that?

Yes. If the initial mediation agreement needs to be amended, you can go back to mediation to change the agreement to reflect current circumstances.

5. What if we came to a mediation agreement on a parenting plan, but the other party violates the agreement?

Once the divorce court authorizes the mediation agreement, it is against the law to violate it. Report the violation to the police and to the family law court. The prosecutor may file charges against the other party, and the other party’s actions may convince the divorce court to change custody and visitation rights.

If you or someone you know is going through a divorce, you will need an experienced Southern California child custody lawyer to aggressively represent you. For over 30 years, the attorneys at Wallin & Klarich have helped people dealing with divorce issues such as child custody. Call us today at (888) 749-7428. We will be there when you call.