Family Law Mediation
San Jose, California

Not for all issues. California does require parents who cannot agree on child custody and visitation to attend mediation through Family Court Services before a contested custody hearing. For property, support, and other financial issues, mediation is optional but can be a practical and cost-effective alternative to litigation.

Generally yes. California law provides broad confidentiality protections for mediation communications. What is said during a private mediation session generally cannot be used as evidence in court. There are exceptions, including mandatory reporting requirements. Santa Clara County is a confidential mediation county. What is discussed in Family Court Services mediation is not shared with the judge, with the exception of mandatory reporting obligations such as suspected child abuse. If the parties reach an agreement, the mediator memorializes it in writing and it becomes a court order. If they do not reach an agreement, the matter proceeds to a hearing, but the mediator does not make recommendations to the judge.

If mediation does not resolve all issues, the unresolved matters proceed to court where a judge decides. Mediation does not prevent either party from litigating issues that could not be settled. Any partial agreements reached in mediation can still be incorporated into the final judgment.

A mediator does not represent either party and cannot give legal advice. Having an attorney review any proposed agreement before signing is strongly advisable. An attorney can help you understand the legal consequences of what you are agreeing to and identify any terms that may not serve your interests.

It depends on the complexity of the issues and the willingness of both parties to negotiate. Some couples resolve all issues in one or two sessions. More complex cases involving significant assets or contested custody may require multiple sessions over several weeks or months.