FAMILY LAW
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What is Mediation?
During mediation separated or divorced parents talk together with
a trained Mediator in order to reach custody and visitation (time share)
agreement that both parents feel will be in the best interests of their
children. Mediation is not counseling. The Mediator will help facilitate
communication between the parents, so the parents can develop their own plan for
co-parenting their children.
As described in Family Code Section 3161, the purposes of
mediation are to reduce acrimony that may exist between the parents, and to
develop an agreement assuring the child close and continuing contact with both
parents that is in the best interest of the child.
When scheduling mediation, be sure to inform the mediator if
domestic violence is an issue. The Mediator can make arrangements with you
separately.
Mediation Requirements
In any case, including actions for dissolution of marriage,
legal separation, paternity, and/or domestic violence restraining orders,
where there is any dispute as to child custody and/or visitation, the
parties (parents) are ordered to participate, in good faith in
"mediation."
If you are represented by counsel, you should discuss any
questions you might have with your attorney. If you are not represented by
counsel, you may (at your own expense) consult with an attorney of your choice
Mediation
The parties (parents) are directed to agree on a mediator. You
may select any mediator you wish, however, the court can only pay for mediation
provided by a mediator who is on the court's list of approved "court mediators."
Court mediators have agreed to the court's compensation schedule, and have
demonstrated they meet the qualifications for a mediator set forth in the
California Family Code and California Rules of Court.
If you elect to use a mediator who is not on the court's current
list of approved "court mediators" (lnyo/Mono Family Court Services Mediators),
you will be responsible for paying the mediator's fees. If you use a "court
mediator" the court will pay the costs of mediation. You may use a mediator who
is not on the list of "court mediators", and if mediation is not successful then
utilize the service of a "court mediator," or you may initially use a "court
mediator."
The Inyo County District Attorney's Victim-Witness
Office-maintains a list of persons and organizations providing mediation
service. This list is entitled "Providers of Mental Health Services." The Court
Clerk's Office maintains a list of approved "court mediators." This list is
entitled "Inyo/Mono Family Court Services Mediators - Approved Court Mediators."
Both of these lists can be obtained at the Court Clerk's Office in Bishop (301
West Line Street), or in the Courthouse in Independence. The lists are also
available at the Inyo County Family Law Facilitator's Office in Bishop, or
either the Independence Or Bishop Office of the Inyo County District Attorney's
Victim-Witness Office.
You must schedule an appointment for mediation as soon as
possible. You must schedule your appointment so that you will have time to watch
the pre- mediation orientation video before your mediation appointment, and so
that mediation will be completed before your next court appearance.
It is very important that you inform the mediator if your case
involves allegations of domestic violence. If so, the mediator will coordinate
mediation sessions so that you are seen separately.
If you reside out of state or significant distance from Inyo
County, and if your personal appearance for mediation within Inyo County would
cause an undue hardship, you may request a specific court order to accommodate
your needs including telephonic mediation.
Court Approved Mediation Forms
Mediation Hadndout & Instructions
Mediation Intake Form
Mediation Report Form
Privacy & Child Custody Mediation
Superior Court of California
court approved mediation forms are provided as Adobe Acrobat documents (.PDF).
Problems viewing forms, install or upgrade Adobe Acrobat Reader
Court Approved Family Law Mediators
(Rev. 09/08/03)
María Lourdes
Gonzalez, LMFT
Voice: (760) 937-6473
Bilingual
Janet Hambleton,
Ph.D.
P.O. Box 1015
Bishop, CA 93514
Voice: (760) 872-3613
Janet
Kennedy, LMFT
699 West Line Street, Ste. 104
Bishop,
CA 93514
Voice: (760) 873-4959
Robert Kittle,
LCSW
512 West Line Street
Bishop, CA 93514
Voice: (760) 872-9145
Sandra Medina,
J.D.
P.O. Box 1118
256 Pinecrest
Mammoth Lakes, CA 93546
Voice: (760) 934-3418
Deborah Nielsen,
MFT
136 South Main Street, Ste. 7
Bishop, CA 93514
Voice: (760) 937-5361
Voice: (760) 873-6394
Bilingual
Delores H. Odell, MFT, CADCCII
P.O. Box 128
Lone Pine, CA 93545
Voice: (760) 876-5829
Voice: (760) 937-0937
Susanne M. Rizo, ESQ
Voice: (760) 840-0420
Pre-Mediation Video
Before attending mediation the parties are ordered to view a
pre-mediation video. The film is designed to help you understand the mediation
process. The video lasts approximately thirty (30) minutes. The parties can
watch the video separately. You must watch the video unless the court has
specifically ordered otherwise. Generally, the court will not exempt you from
watching the video unless it would cause undue hardship (i.e., you reside out of
state and the court has authorized telephonic mediation).
The pre-mediation video is available for viewing at the Inyo
County District Attorney's Victim-Witness offices in Independence and Bishop.
The film can also be seen at the Office of the Inyo County Family-Law
Facilitator in Bishop. You should contact any office below to schedule a time to
watch the video. The telephone numbers and addresses are shown below. You must
schedule your appointment to watch the video right away, so that it can be
completed before your scheduled appointment for mediation.
Inyo County
District Attorney's Victim-Witness Office
301 West Line Street
Bishop, CA 93514
Voice: (760) 873-6669
Inyo County
District Attorney Victim-Witness Office
168 North Edwards Street
Independence, CA 93526
Voice: (76) 878-0282
Inyo County
Family Law Facilitator
314
West Line Street, Suite H
Bishop, California 93514
Voice: (760) 872-4444
Fax: (760)
872-4448
After watching the video you will be given a form verifying the
fact that you have seen the pre-mediation video. You should show the
verification form to the mediator who conducts your mediation session. Then you
must give the verification form to your attorney for filing with the court, or
if you don't have any attorney, bring the form with you to your next court
appearance at which time you shall deliver it to the Court Clerk.
What are the Possible Outcomes?
If the parents reach an agreement, written copies will be given
to them, their attorneys, and a copy will be delivered to the court for review
at the next court hearing. At the hearing, the agreement may be made into a
court order by the judge.
If the parents are unable to reach an agreement, the Mediator
will notify the court that no agreement was reached. The judge will determine
whether a child custody investigation or evaluation should be ordered, or a
contested hearing should take place, in which case a judge rather than the
parents will make all decisions regarding custody and visitation
In extreme cases, where mediation has not been successful, the
Court will often appoint a psychologist to conduct a child custody evaluation
and made a report to the court. The parents may be ordered to pay for all or a
part of the expense of the investigation and report. (Family code Section 3112).
Also, the court may appoint an attorney to represent the interests of the
children, and if so, the parents may be obligated to reimburse the court for all
or a portion of the costs of appointed counsel. (Family Code Section 3153). If
the dispute between the parents poses a substantial danger to the best interest
of the children, the court may order the children and/or parents to participate
in counseling at the parents own expense. (Family Code Section 3190)
What are the Advantages of Mediation?
The process of solving family problems in court can be very
expensive, and is likely to intensify the angry feelings parents may have
towards each other. Custody battles put tremendous pressure on the children. In
mediation the parents have an opportunity to resolve some of their differences,
and can learn to co-parent for the sake of their children and themselves. In
mediation the parents are empowered to decide what is in the best interests of
their children, rather than leaving it up to the court to decide. Mediation
provides a framework within which parents can make their own decisions regarding
the lives of their children. Through mediation parents can learn skills that
will help them to peaceably resolve differences that may arise in the future.
A mediated agreement has a significantly
greater likelihood of being successfully implemented than does a plan ordered by
the court without the agreement of the parents. If the parents have to resort to
the court to make a decision, often times both parents go away disappointed and
angry, or one parent feels he or she has won and the other lost. Parents then
continue to focus on their relationship with the other parent, and not on what
is in the best interest of the child (ren). If parents are not able to reach an
agreement in mediation, they are far more likely to return to court when new
milestones develop in their child's life, where they continue fighting, and
spending valuable emotional and financial resources. The child usually suffers.
Mediation can help avoid such suffering.
