A. Read and complete all the documents and materials attached to this.
B. What to expect: A video is shown in Department 11 at 8:30 AM. When you come to court you will have a chance to view the video. The judge will ask if you have either watched the video or read the pamphlet, “Focus on the Child”.
2. What if the other parent and I already agree on our Parenting Plan?
If you already agree, fill in the Parenting Plan Worksheet in this packet and bring it with you on your court date. The mediator will help you finalize your plan.
3. What if we disagree about our Parenting Plan?
Complete your Parenting Plan Worksheet in this packet anyway. If possible, exchange copies of your worksheet with the other parent so you can discuss your differences first in private. If you cannot reach an agreement, you will need to either arrange for private mediation, or see one of the court’s assigned mediators on the day of your court hearing.
4. If we have to see a mediator, how does that work?
You have two choices. You can see a mediator in private practice. This is someone you choose yourself and who you pay for, so you schedule the appointments yourself and meet for mediation at the mediator’s office. Or, you may see one of the court-based mediators. If you decide to use a court-based mediator, you will have one court paid session on the day of your court hearing.
5. Is what I say in mediation confidential?
Yes. All communications, verbal or written, from the parties to the mediator made in the mediation process are official information and are considered confidential. However, what you say in mediation can be reported by the mediator to the judge and to the other parent and his or her attorney. These are the only people who would know what was said in the mediation session.
6. Do mediators make "recommendations" to the judge if we don't agree on everything?
Yes, in this court, when the parents don't reach a total agreement in mediation, the mediators usually make a "recommendation" to the judge about how to resolve the issues still in dispute. This is true for both court-based mediators and private mediators. The recommendation may be for a temporary arrangement or one that is more long term. The judge will review the recommendation and may or may not follow it.
7. What if I have a complaint about the way the mediation was conducted or about the mediation process?
The court has a formal complaint procedure. You can obtain a complaint form from the court clerk in Room 103.
SAFETY AND VIOLENCE
What happens if I have a restraining order because of domestic violence, or there is a history of domestic violence? Do I have to be in the same room with this other person?
No. You have a right to meet separately and at separate times from the other person. Please complete the Mediation Protection Request so that the court has advance notice of your wishes.
If I have a restraining order, or there is a history of domestic violence, do I have the right to have a support person with me when I meet with the mediator?
Yes, you do. A support person may accompany the person protected by the order during the mediation. It is the function of the support person to provide moral and emotional support. You may select any individual to act as a support person.
Note: The mediator has authority to exclude a support person from a mediation session if that person acts as an advocate or disrupts the process of mediation.