What is the role of mediation in a custody/visitation dispute in California?
In mediation, a neutral third party helps the disputing parties settle their issues without lawyers present. The purpose of mediation is to 1) facilitate communication between the parties, 2) develop an agreement that will assure the child of close and continuing contact with both parents that is in the child’s best interests, and 3) settle the parties’ visitation rights. Under California law custody and/or visitation issues between the parties must be set for mediation before they will be heard by the court. Mandatory mediation is also required whenever a grandparent or stepparent has applied for visitation. The court will usually have a custody/visitation mediator available to assist the parties in resolving their differences. The parties will not usually be charged if the mediation is conducted through the court. (Each county sets its own rules about mediation available through its Family Court Services). Private mediation is also an effective way of resolving all of the issues in a
