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Mediation helps parents or guardians work out a parenting plan for custody and visitation that supports the best interests of their child. A trained mediator helps guide the conversation in a neutral and respectful setting. 

Think about your child’s needs, daily routines, and what kind of schedule might work best. Be ready to discuss ideas and listen to the other parent. It can help to write down your thoughts or bring a proposed schedule. You can use the Judicial Council forms to look at possible orders and the issues that may need to be addressed. Forms FL-341, FL-341(c), FL-341(d), and FL-341(e) may be a good place to begin if you are not sure what to ask for. 

Yes. If your Family Law case involves child custody or visitation and you have requested a court hearing, the Court will require both parties to attend a mediation appointment before the hearing. 

You will meet with a neutral mediator who will help you and the other parent talk about custody and visitation. The goal is to reach a parenting plan that supports your child’s needs. In most cases, mediation is done with both parents together, but separate meetings may be arranged in certain situations.

Yes, with a few exceptions. In Tier 1 mediation, what you say in mediation is private and won’t be shared with the judge—unless the law requires it or you reach an agreement that is submitted to the court.  Tier II and Tier III mediation are not confidential. 

Usually, no. However, in certain cases, the mediator may speak with a child if it’s appropriate and helpful to the case. This decision is made carefully and follows court guidelines. 

No. Mediation is for the parents or guardians only. Attorneys do not attend mediation but can help you review any agreements afterward. 

A parenting plan usually covers:

  • Where the child will live 

  • A schedule for time with each parent 

  • Holidays and vacation plans 

  • Communication between parents 

  • How decisions will be made about the child’s education, health care, and other important needs 

If both parents signed a written agreement during mediation, it may be submitted to the Court as an official order. If you later change your mind, you may need to file a new request with the Court to modify the order. 

If you don’t agree during mediation, your case will go back to the judge. The Court will review your case and make a decision based on your child’s best interests. You and the other party will still need to attend your scheduled court hearing.

If there has been a history of domestic violence, you can request a separate mediation appointment or ask to bring a support person. Your safety is a priority—please let the Court or Family Court Services know as early as possible. 

If a restraining order or criminal protective order is in place, the protected parent has the right to bring a Support Person to any Family Court Services appointment, including separate sessions. 

Please tell Family Court Services staff ahead of time if you plan to bring a Support Person. 

Once a Request for Order involving custody and/or visitation is filed, both parties must contact Family Court Services as soon as possible to schedule a Tier I mediation appointment. 

In some cases, the judge may later refer the parties back to mediation for a Tier II or Tier III session, depending on the complexity of the case or the level of conflict. 

If you need help scheduling, you can also contact the Family Court Services office directly for assistance. 

No. Mediation through Family Court Services is provided free of charge for all qualifying cases. Though you may receive a fee or penalty if you fail to appear at your scheduled mediation date. 

Family Court mediators are trained professionals with backgrounds in mental health, child development, or family law. They follow professional standards and are committed to helping families find safe, child-centered solutions. California Rules of Court 5.210 sets the standards for conducting mediation. 

The Court assigns a mediation tier based on the level of conflict, complexity of the case, and safety concerns. Here's what each tier means: 

Tier I – Confidential Mediation 

  • A brief, solution-focused meeting between the parents and a mediator. 

  • Children do not participate. 

  • The meeting is confidential and no recommendations are made to the Court. 

  • If an agreement is reached, a Memorandum of Understanding (MOU) or Partial Agreement (PAR) may be prepared. 

  • If no agreement is reached, a No Agreements Reached (NAR) document is issued. 

  • If needed, the Court may refer the parties to Tier II or Tier III at the next court date. 

Tier II – Information Gathering Appointment 

  • Ordered by the Court when additional information is needed. 

  • The custody counselor interviews parents and may review reports from Child & Family Services (CFS), therapists, or police, if relevant. 

  • Tier II is not confidential. 

  • A summary report is prepared for the Court, but no recommendations are made. 

  • Children are not interviewed unless the parents do not reach an agreement, and the counselor believes it is necessary. 

Tier III – Custody Counseling 

  • Used for high-conflict cases or when the Court needs recommendations on custody and visitation. 

  • The counselor may interview parents, children, and other relevant sources (therapists, teachers, CFS, etc.). 

  • Tier III is not confidential. 

  • The counselor prepares a report with recommendations for a parenting plan and may suggest additional services. 

  • The report is submitted to the Court and the parties at least one week before the hearing, if possible.