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If one or both parties fail to attend mediation, the Court will be notified. If this occurs, it is important that you still appear at the Court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.

Second, mediation itself is not legally binding until you put it in writing and/or ask a court to enforce it, meaning that the parties may still need to go to court to enforce the terms of the agreement if there are issues down the road.

How to submit evidence for your hearing Get copies of documents that help support your case. Attach or file these with your Request for Order or Responsive Declaration so the judge can consider them at the hearing. ... Get statements from any witnesses. ... File and serve your documents and statements.

Hear this out loud PauseIn California divorces or separations going to court, any case in which child custody must be determined will require mediation. Mandatory mediation occurs early in the timeline of a case involving child custody, and a case cannot continue until this process is completed.

Hear this out loud PauseIf the mediation session exceeds two hours, the parties will be charged the mediator's regular hourly rate thereafter. The mediator's charges are split between the parties. If the parties choose a private mediator, they will be required to pay the mediator's regular rate for all services.

After the divorce is final. This may include details such as spousal or child support payments or parenting arrangements. If either party files a request to modify a visitation or custody order, California family court requires mandatory mediation, as well.

Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.

The mediation session itself can take anywhere from a few hours to the entire day. The average length of a session is between four and six hours. After an introductory session with both parties, the mediator will have private discussions with each party in separate rooms.

Mediation is a flexible and less formal process that may reduce the time and costs often associated with a formal trial. If an agreement is reached, the parties can agree to make it legally enforceable.