| Child Custody Mediation:
Focusing on the Child's Needs
- Introduction
- What's in This Guide
- Goals of Mediation
- If There Has Been Domestic Violence
- Locations
- Dates and Times
- Orientation
- Questionnaire
- Where to get more information
Introduction
When parents separate or divorce, decisions
need to be made about where the children will live and how they
will be cared for. These are important decisions. Sometimes they
are also the most difficult. California law states that when parents
cannot reach an agreement, they must first meet with a professional
mediator before they can go to court.
What's in This Guide
This guide summarizes how court mediation works
in California, suggests ways to communicate with the other parent,
and provides information about parenting agreements.
Goals of Mediation
1. Help parents create a parenting plan that
is in the best interest of their children.
2. Help parents develop a parenting plan that, where appropriate,
enables their children to have contact with both of them.
3. Help parents learn ways to manage any anger or resentment between
them.
What Happens in Mediation
Mediation is problem solving, not counseling.
Your disagreement is seen as a problem to solve, not as a fight.
Mediation lets you make your own decisions. You can come up with
your own personal contract on how you will care for your children
now that you no longer live together. The legal term for this personal
contract is "stipulation." It can also be called a "parenting
plan" or a "parenting agreement."
What do mediators do?
A mediator meets with both parents, listens
to each of you, then works with you so you can come up with a plan
you can both agree is best for your child. The mediator's job is
to be impartial, keep things fair, help look at different options,
help you come up with a calendar for times with the children, and
support you in your efforts. Currently our South Lake Tahoe branch
offers mediation services in both English and Spanish.
Mediation rules
1. Each parent is treated with respect and
has an equal chance to explain his or her viewpoint and concerns.
2. Each parent listens to the other and tries to find realistic
solutions.
3. Each parent is asked to put the children first and focus on what
the children need and can handle.
4. Each parent is asked to show respect for the other and to recognize
that their child has a right to a relationship with each of them.
5. Hitting, pushing, shoving, and threats of any type are not allowed.
Mediation is to be a safe place for both parents.
6. The mediator's job is to see that these rules are followed.
If There Has Been Domestic Violence
If you or a family member has any concerns
about domestic violence, please do three things:
1. Tell your lawyer if you have one.
2. Answer all of the questions from the judge or mediation intake
person about this problem.
3. Talk to your mediator about this problem at the beginning of
the mediation session.
Locations
There are two locations for mediation:
El Dorado Superior Court
495 Main St. Phone (530) 621-6725
Placerville, CA 95667
El Dorado Superior Court
1354 Johnson Blvd., Suite 2 Phone (530) 573-3076
South Lake Tahoe, Ca. 96150
Dates and Times
Dates and times for mediation are set by the court.
Orientation
Placerville
has an orientation every Tuesday at 12:00.
The orientation explains terms used in court and mediation. This
can also be a time where procedural questions can be answered.
Issues about an individuals case will not be discussed in the
orientation.
South Lake Tahoe holds orientation
on Mondays through Thursdays at 8:00am, one half-hour prior to
the mediation session.
Questionnaire
When you schedule mediation, you will be given
a questionnaire requesting information about you, your family, your
concerns, your proposals and various other pertinent information.
We request that the questionnaire be turned in several days prior
to your mediation date.
Where to Get More Information
The following web site was designed by the
California Courts to help understand Mediation:
www.courtinfo.ca.gov/selfhelp/family/custody/programs.htm
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