Mediation – Who Are the Mediators?

Mediators are people with special education and training hired by the court to deal with child custody matters. They must have a master’s degree in counseling or social work, and at least two years relevant experience. Though mediators must have knowledge of the California family law court system, they are usually not attorneys. They have a responsibility to be neutral and objective, and to come to the best decision based on the circumstances of both parties.

Mediators are trained to be sensitive to the high-conflict circumstances surrounding divorce, and child custody specifically. Thus, they will try to direct the parties toward issues on which they can agree, and steer the parties away from contentious or irrelevant issues that may derail the mediation process.

Though mediators are educated and trained in counseling, their counseling background is used to facilitate the main purpose of mediation: coming to an agreement on child custody issues. The mediation is not a counseling session, and parties should not feel free to air their grievances with the other party. The court or the mediator may recommend counseling sessions if either feels that the recommendation is appropriate.

Mediators work for both parties and, thus, do not exclusively represent your interests. Because their purpose is to be neutral, you cannot rely on them to present every argument on your behalf. However, since parties can be represented by lawyers at mediations, you greatly increase your bargaining power if you have a Southern California divorce lawyer on your side to represent you at the mediation hearing. If the other side has an attorney, it becomes imperative for you to be represented by an attorney as well: you should never go into a mediation or hearing against a trained legal professional. Unlike criminal proceedings, you do not get free legal counsel in a family law matter.

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.