Mediation Forms for San Jose
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FAQ
Overview/Program Description: The orientation consists of five YouTube videos to watch, each followed by a review to help guide parents through the child custody mediation process. At the end of the process, the participant is able to complete a form to send information to FCS.
Mandatory mediation is only necessary in California when there is a dispute over the custody of children. Otherwise, the spouses may use the process to seek a peaceful end to conflict and a compromised solution.
However, this is not the case in every county as not all counties are recommending counties (for example, Alameda County is a recommending county whereas Santa Clara County is not). This is because in some counties, such as Santa Clara, mediation is confidential, and therefore, recommendations are not made.
When Does California Require Divorce Mediation? Under California law, a judge must order couples to mediate child custody issues if they have minor children but haven't been able to agree on a parenting plan by the time they've filed for divorce.
In short, mediation is not compulsory, and if there are safety issues or other concerns, you may also be exempt from a MIAM. What partly makes mediation so effective is that it is voluntary and making it compulsory would take away this advantage.
Mediation takes place with a private mediator usually not the court. The parties voluntarily agree upon the selection of a mediator. Usually the mediator has expertise in the area of the law that the case involves so that he or she can move quicker into the substance of the parties' disagreement.