Family Law Mediation FAQ’s

Experienced attorney and mediator answers frequently asked questions 

If you’re going through a divorce or other family law matter, mediation can be an effective way to resolve disputes with less stress, lower costs and more control over the outcome. At Gates Law Group, A Professional Corporation in Fresno, we help clients use mediation effectively to achieve beneficial outcomes in California family law cases. To help you decide whether it’s the right approach for your situation, we’ve compiled questions that we find are most often asked about mediation:

Q: What is mediation?

A: Mediation is an alternative dispute resolution method in which a neutral and trained third party (the mediator) helps parties find compromises on areas of dispute. Mediators do not provide legal advice or make decisions for the parties. If mediation is successful, parties can avoid expensive and time-consuming courtroom litigation. 

Q: What kinds of family law issues can be mediated?

A: A variety of family law matters and issues of divorce may be resolved using mediation. Issues that can be mediated include child custody, visitation, parenting plan development, child support, property division, spousal support, prenuptial and co-habitation agreements and post-divorce conflicts. 

Q: How does the mediation process work? 

A: The mediator meets with the parties at an office (or another agreed-upon location). Typically, he or she holds individual sessions with each party to isolate issues and determine possible solutions. Information and proposals are exchanged between the parties. When they reach concurrence, the mediator drafts an agreement for review by the parties, their respective attorneys and the court. 

Q: Is mediation required in divorce and family law cases?

A: Mediation is mandatory in contested child custody and visitation cases in which a court date has been scheduled. The courts may recommend mediation in other types of family law and divorce-related cases to try and resolve the issue without trial. 

Q: Who chooses the mediator? 

A: The parties to a privately arranged mediation choose the mediator. In a court-ordered mediation, the judge might appoint the mediator or the parties might be given a list of mediators from which to select. 

Q: What background and training do family law mediators have? 

A: Mediators have strong conflict resolution and negotiation skills. They may be retired judges, family law attorneys, mental health professionals or another person trained in dispute resolution. Your own family law attorney cannot be the same person who handles mediation of your case. 

Q: Who pays for the mediator’s services? 

A: In a privately arranged mediation, the parties pay the mediator. If mediation is mandatory, as in child custody and visitation cases in which a court date has been set, it is free. 

Q: How long does mediation take? 

A: Some cases may require only a single mediation session of a couple of hours while other cases could involve multiple sessions and last for weeks. It depends on the complexities of the issues in the case and the parties’ willingness to compromise. 

Q: Who is present in mediation?

A: The mediator, the disputing parties and their attorneys are in attendance. Sessions may be individual, joint or a mix of both, depending on the case’s complexity and emotional dynamics. Professionals may be present to provide expert insights. 

Q: Is mediation confidential?

A: Unlike court proceedings, which are public, mediation is conducted in private. There can be exceptions in cases of criminal activity, child abuse, threats of harm to another or if parties agree to voluntarily waive confidentiality. 

Q: What happens if mediation is not successful?

A: If no consensus is reached, the case will remain contested and will proceed to court. A judge decides the contested issues after hearing from both parties and their attorneys and reviewing the evidence. 

Q: When is mediation not recommended?

A: If there is a history of domestic violence in the relationship, private mediation is unlikely to produce positive results. In a court-ordered mediation, the mediator must be told of the history of violence before the sessions so that he or she can take measures to ensure the parties’ safety. Mediation may also not be appropriate where there is a severe power or financial imbalance between parties.