Another potential outcome could be that a partial agreement is reached between the parents. An example of a partial agreement is when custody of the children can be agreed upon, such as sharing joint legal custody, but a visitation schedule cannot be agreed upon or visa versa. The mediator will make note of the agreement and indicate the parties have reached a partial agreement. After noting the agreement, the mediator, if you are in a “recommending county” (i.e. San Bernardino, Orange, Riverside, etc.), will then prepare a report. The report will give information to the court regarding the issues in the case and a recommendation section at the end. The recommendation section is the most important section of the report because it is what the mediator is recommending that the court order for the parents because they could not come to an agreement themselves.
At the hearing, both parents will be able to state if they agree with the recommendations or not and what they agree or disagree with and why.
One other potential outcome could be that the parents reach no agreement in mediation. Should you be in a recommending county, then the report will proceed with what the mediator learned from each party during mediation, his or her analysis of the situation, and then conclude with a recommendation section. Again, as stated above, this is the most important section and needs to be analyzed by each parent in depth. Courts appear, more times than not, to make orders consistent with the mediator’s recommendations, with little or no alterations, unless presented with sufficient evidence to make other orders. However, if your case is in a non-recommending county, no report will be generated and your case will be litigated. Again, both situations, if fighting against recommended orders or litigating, a family law attorney’s experience and skills can be vital to the outcome of your case.
Contact Bristol & Haynes, APLC
To learn more about how the family law attorneys at Bristol & Haynes, APLC may be able to help you with you divorce, child custody and visitation case, paternity case, or any other area related to family law, please contact us for a free 30 minute consultation at (909) 466-5575.