Mediation – Overview

When couples divorce and the marriage produced children, California law requires the couple to attend mediation, a court-sponsored service that tries to resolve child custody rights without litigation.

Two types of custody exist: physical and legal. Physical custody means who the child lives with, and legal custody means who has authority to make decisions on behalf of the child. Either type can be joint, or given to solely to one parent. Child custody can be one of the most contentious issues in a divorce.

The mediation serves as a filter for the court: because of large family law caseloads, the court wishes to conserve its resources by resolving issues on which the parties agree, and focusing on the issues the parties contest.

If the parties come to an agreement on child custody issues at the mediation, the mediator will ask both parties to sign the agreement, called a stipulation, which the mediator submits to the court. The agreement is also called a “parenting plan,” “parenting agreement,” or “custody and visitation agreement.” Mediation may result in agreement on certain issues, but not on others. The mediation agreement will include the details that the parties agree on. Unlike divorce court litigation, mediation is designed to be as non-adversarial as possible, meaning that the parties are encouraged to agree with each other, as opposed to arguing the weakness of the other side’s arguments.

If mediation fails, or if some issues are left unresolved, then the parties can go to divorce court to settle unresolved child custody issues.

Though it is not necessary to have an attorney, having a Southern California divorce lawyer with you at the mediation will ensure that your rights are protected. Mediators act on behalf of both parties so, by definition, they do not have your exclusive interest at heart. Child custody is one of the most important issues in divorce, and if you fail to secure your rights initially, it difficult to convince the court to correct itself. That is why you need a Southern California child custody attorney with you throughout the entire divorce proceeding so that you can be protected throughout the whole process.

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.