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California Family Code Section 3175-3188: Mediation of Custody and Visitation Issues; Mediation Proceedings

Legislative Counsel of California. Adopted effective January 1, 1994; amended effective January 1, 2011
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=8.&title=&part=2.&chapter=11.&article=3.

This section of the code outlines the mediation process for custody and visitation disputes. It addresses notification, confidentiality, agreement, child involvement, and other topics. Sections 3183 and 3188 provide two different options for what information a mediator may report back to the court. Under Section 3183, mediators may make recommendations to the court regarding custody and visitation if the parties do not reach an agreement. If a court allows mediators to make recommendations, the process will be called "child custody recommending counseling," and the mediators will be "child custody recommending counselors." Under Section 3188, counties that already have a child custody recommending counseling program and have more than 1,000 family case filings per year may also establish a confidential mediation program. In this structure, the mediator may only report on whether parties have reached an agreement and what unresolved issues remain. The mediator may not make custody recommendations to the court.

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