NCJ Number
100835
Journal
Ohio State Journal on Dispute Resolution Volume: 1 Issue: 1 Dated: (Fall 1985) Pages: 149-181
Date Published
1985
Length
33 pages
Annotation
This paper describes California's statutes mandating mediation of child custody and visitation disputes, evaluates their effectiveness, and examines problems encountered in mediating family disputes such as confidentiality and children's rights.
Abstract
The first section summarizes provisions of California Civil Code sections 4607 and 4351.5 which mandate mediation in custody and visitation cases, set minimum qualifications for mediators, and address confidentiality and parties' rights. Also described are the statutes' legislative history and models implemented by individual counties which fall into three categories: the conciliation model which separates the mediation process from the adversary system, the family court services model, and contracts with private agencies and individuals. Although no statewide evaluation has been conducted, the San Francisco Superior Court has found a low modification rate for custody and visitation disputes resolved through mediation. A 1982 survey conducted by the Los Angeles County Conciliation Court concluded that mandatory custody mediation was achieving similar results as hearings or trials, but at a fraction of the cost and time and in a less hostile setting. The paper examines other advantages of the statutes as well as their shortcomings, notably minimum rights allowed the child and the allowance of partial confidentiality. Other areas addressed include other States' mediation statutes and the bar's role. Data from the Los Angeles survey and 157 footnotes.