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Important Things To Know After Mediation

Mediation Agreement
At the conclusion of your mediation session, the mediator will identify in writing those issues on which you reached an agreement and prepare a written custody or parenting plan agreement. Both parties will be asked to review it, and if acceptable, sign the agreement. This may be referred to as Stipulation.

If you have an attorney, a copy of the agreement will be sent to your attorney. The agreement may be submitted to the judicial officer (judge or commissioner) to be reviewed and signed to be made an order of the court.

As previously mentioned, the mediator will not disclose what took place during mediation and will not provide recommendation or testimony to the court.

What if we could not reach an agreement?
If you received mediation referral upon an order by the court, or as a result of you or the other party filing a Request for Order (RFO), you already have a court date set. If you were unable to reach an agreement, you may state your request and reasons to the judicial officer during your court hearing. Be prepared to give specific information to the judicial officer as to why you want your request to be made an order of the court.

Do we still go to court if we reach an agreement?
If custody and visitation are the only issues in dispute, then both parties may request the court hearing be dropped by notifying the court of your agreement. However if there are other issues that the court has been asked to act on, you must still appear on your scheduled court date.

Is mediation confidential?
Yes. Mediation is confidential. Mediator will not submit a recommendation or communicate about what happened in mediation. However, if the mediator suspects child abuse or neglect, a report to Child Protective Services or a law enforcement agency will be made. Additionally, if the mediator learns of an imminent danger or threat of harm against a person in mediation, mediator may contact a law enforcement agency and warn the person about the threat.

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