Free Procedures. - California

Superior Court of California County of Sacramento
SUMMARY OF PROCEDURES FOR PETITION FOR PRIVATE MEDIATION

What is mediation?
The Family Code requires mediation to take place whenever issues of custody or visitation are in dispute. Mediation will occur whenever a "party to the case" wants to obtain or change a custody or visitation order, and the other party does not agree to the change. Mediation is a service to help parents and others reach agreement on parenting plan issues. It is done with the help of a court-approved mediator who is a mental health professional. Any mediator, whether a private mediator or a Family Court Services mediator, can assist the parties in reaching an agreement regarding custody, visitation and parenting issues for their children. If parties do not reach agreements in all areas of the parenting plan, the mediator will make recommendations to the court on the items that are in dispute. Family Court Services is an office of the court that provides mediation services at no cost to the parties. Private mediators are mental health professionals not employed by the court who have been trained in custody mediation and who have been approved for court appointments. Private mediators do charge for their service and the parties pay the fees. A list of private mediators can be obtained in Room 101 at the Cashier Window or in any family law department. It is a general court policy to allow for private mediation as opposed to mediation at Family Court Services if one or more of the parties wish the mediation occur in the private sector.

How do I obtain mediation from a private mediator?
Complete the Petition for Private Mediation, FL-13(a) and include the names of two proposed private mediators for consideration by the other party. Unless both parties agree to share the costs, the requesting party must agree to pay the fees with the court reserving jurisdiction over the issue of future reallocation of those fees. 1) You may attach a declaration as to the reasons for the proposed mediators to the Petition. 2) Serve the Petition on the other party either by (a) personal service or (b) facsimile with an additional copy mailed first class or (c) by first class mail. Be sure to enclose the documents listed on the other side of these instructions:

FL ­ 13 (d)

Summary of Procedures for a Petition for Private Mediation

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A copy of this Summary of Procedures for Petition for Private Mediation, FL13(d); A blank Response to the Petition for Private Mediation, FL-13(b); A blank Proof of Service. Please note: If the service is performed by mail only, the time for filing and serving the Response will be extended by five days.

3) File your Petition and a completed Proof of Service at the Family Law Filing Counter, Room 100, at the William R. Ridgeway Family Relations Courthouse.

I was served with a Petition for Private Mediation. What can I do?
If you are served with a Petition for Private Mediation and you do not want your case mediated by a private mediator, or you object to the particular mediators proposed by the petitioning party, you may respond to the petition; To respond, you must complete and file the Response to Petition for Private Mediation, FL-13(b) within five (5) days of being served with the Petition for Private Mediation. 1. Serve the petitioning party with a copy of your Response by (a) personal service or (b) facsimile with an additional copy mailed first class, or (c) first class mail. This service must be accomplished before the filing of the Response to the Petition for Private Mediation with the court. A proof of service must be filed concurrently with the Response. 2. If you object to the proposed mediators, provide the names of two alternative private mediators. You may also attach a declaration as to the reasons for opposing the petitioning party's selections or in support of your proposed mediators. Your response should also address who will be paying for the mediators you are proposing. 3. File your Response and a completed Proof of Service at the Family Law Filing Counter, Room 100, at the William R. Ridgeway Family Relations Courthouse. 4. If no Response is filed, the court will appoint a mediator from those proposed by the petitioning party. 5. The court will immediately resolve conflicts in this process by scheduling a telephonic conference call, scheduling an ex parte hearing or by making a decision based on the Petition, the Response, and any accompanying declarations. It is the duty of the parties, or their attorneys if the parties are represented, to confer over conflicts and to attempt to resolve them without unnecessary delay.

FL ­ 13 (d)

Summary of Procedures for a Petition for Private Mediation

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