Mediation vs. Mediation

Many people get the two confused because the same word is used to describe two very different types of processes.

One is mediation as a form of alternative dispute resolution. The other is mediation provided by the court to assist the parties in working out a custody and visitation agreement for the children.

Let’s start with mediation as the form of alternative dispute resolution. This is a process where the parties work with a neutral third party, the mediator. The mediator can help the parties work out an agreement on all of the issues in a divorce including child custody and visitation. The hope is that the parties will be able to work with the mediator to reach a comprehensive agreement not have to go to court. Issues which can be resolved in mediation include child custody/visitation, child support, spousal support and the division of community property assets and debts. The mediator is an independent person. They may be an attorney, but that is not a requirement. They are not employed by the court.

Mediation through the court is for child custody and visitation issues only. Mediation is required by law when either party brings an issue involving child custody and/or visitation before the court. In other words, a motion is filed with the court asking a judge to decide on custody and/or visitation. The court will order the parties to attend mediation before the court makes an order. The mediator’s in this case are mental health professionals with specific training required by the Family Code. In the mediation session they will not address any monetary or property issues. The mediators are employed by the county and see only cases where a motion has been filed with the court.