CHAPTER 11. Mediation of Custody and Visitation Issues
Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87.
§§ 3160–3188 · 23 sections
ARTICLE 1. General Provisions §§ 3160–3165 · 6 sections
- § 3160 Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.
- § 3161 The purposes of a mediation proceeding are as follows: (a) To reduce acrimony that may exist between the parties. (b) To develop an agreement assuring the…
- § 3162 (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council.…
- § 3163 Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation.
- § 3164 (a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be…
- § 3165 Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or…
ARTICLE 2. Availability of Mediation §§ 3170–3173 · 4 sections
- § 3170 (a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that…
- § 3171 (a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court…
- § 3172 Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court.
- § 3173 (a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for…
ARTICLE 3. Mediation Proceedings §§ 3175–3188 · 13 sections
- § 3175 If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter for hearing.
- § 3176 (a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation is required to…
- § 3177 Mediation proceedings pursuant to this chapter shall be held in private and shall be confidential. All communications, verbal or written, from the parties to…
- § 3178 An agreement reached by the parties as a result of mediation shall be limited as follows: (a) Where mediation is required to settle a contested issue of…
- § 3179 A custody or visitation agreement reached as a result of mediation may be modified at any time at the discretion of the court, subject to Chapter 1 (commencing…
- § 3180 (a) In mediation proceedings pursuant to this chapter, the mediator has the duty to assess the needs and interests of the child involved in the controversy,…
- § 3181 (a) In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties or where a…
- § 3182 (a) The mediator has authority to exclude counsel from participation in the mediation proceedings pursuant to this chapter if, in the mediator’s discretion,…
- § 3183 (a) Except as provided in Section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court as to the custody of or…
- § 3184 Except as provided in Section 3188, nothing in this chapter prohibits the mediator from recommending to the court that counsel be appointed, pursuant to…
- § 3185 (a) If issues that may be resolved by agreement pursuant to Section 3178 are not resolved by an agreement of all the parties who participate in mediation, the…
- § 3186 (a) An agreement reached by the parties as a result of mediation shall be reported to counsel for the parties by the mediator on the day set for mediation or…
- § 3188 (a)Any court selected by the Judicial Council under subdivision (c) may voluntarily adopt a confidential mediation program that provides for all of the…