Mediation of Custody and Visitation Issues in California

Family Code Division 8, Part 2, Chapter 11, Article 1 contains general provisions related to mediation of custody and visitation issues concerning the right to custody of minor children.

Section 3160 requires each superior court to make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.

Section 3161 explains the purposes of a mediation proceeding.

Section 3162 requires mediation of cases involving custody and visitation concerning children to be governed by uniform standards of practice adopted by the Judicial Council. These standards of practice must include at least three specified provisions. The Judicial Council has to consider standards developed by recognized associations of mediators and attorneys and other relevant standards governing mediation of proceedings for the dissolution of marriage. And the Judicial Council is required to offer training with respect to the standards to mediators.

Section 3163 requires courts to develop local rules to respond to requests for a change of mediators or to general problems relating to mediation.

Section 3164 allows the mediator to be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be any other person or agency designated by the court. The mediator must meet the minimum qualifications required of a counselor of conciliation.

Section 3165 requires any person who is responsible for clinical supervision of evaluators, investigators, or mediators or who directly supervises or administers the Family Court Services evaluation or mediation programs to meet the same continuing education requirements as specified in law for supervising and associate counselors of conciliation.