Mediation Availability in Family Law Cases

Family Code Division 8, Part 2, Chapter 11, Article 2 deals with the availability of mediation for custody and visitation issues related to minor children.

Section 3170 states that, if it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested, the court is required to set the contested issues for mediation.

In addition, domestic violence cases are handled by Family Court Services in accordance with a separate written protocol approved by the Judicial Council. The Judicial Council adopted guidelines for services that courts or counties may offer to parents who have been unable to resolve their disputes.

Section 3171 provides that, if a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order, the court must set the matter for mediation. In addition, a natural or adoptive parent who is not a party to the proceeding is not required to participate in the mediation proceeding, but failure to participate is a waiver of that parent’s right to object to a settlement reached by the other parties during mediation or to require a hearing on the matter.

Section 3172 prohibits mediation from being denied to the parties on the basis that paternity is at issue in a proceeding before the court.

Section 3173 states that, upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both. The mediation of a dispute concerning an existing order cannot be set later than 60 days after the filing of the petition.