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Divorce Mediation California

Guide to Divorce Mediation in California

Where can I find a Divorce Mediator in California?

You should consider several different options for find a mediator in California.  Firstly, you may consider a referral from someone you know who has been involved in a similar case as you.  Personal referrals are usually the best, and the best mediators travel by word-of-mouth.  

Secondly, there are several associations you should consider in the state of California.  The Southern California Mediation Association is located in Glendora, CA and offers a wide variety of services for locating mediators.  The Northern California Mediation Center is located in San Rafael, CA, just 17 miles north of San Francisco, and offers a large list of professional mediators around the area.

California Mediation Code

There are several codes you should know about divorce mediation in California.  These codes for divorce mediation in California are enacted under the California Law Revision Commission and fall under the subsection of Evidence Code in the New Mediation Chapter:

Section 1118 Recorded Oral Agreement 

This section states how oral agreements should be conducted:

1) An oral agreement can be recorded by a court reporter, tape recorder, or other reliable source of sound recording.  

2) The oral agreement must be in front of the two parties and the mediator, and the two parties must state within the recording that they agree to the following terms recited. 

3) The recording must be reproduced in writing and signed within 72 hours of the recording as well.  

Section 1119 Mediation Confidentiality

This section sets the conditions for confidentiality of the mediation:

1) No evidence (neither oral nor written) can be subject to discovery, and no evidence can be compelled unless given in arbitration, administrative adjudication, civil action, or any other noncriminal proceeding.  

2) All communications, negations, or settlement discussions between the participants must remain confidential.  

Section 1121 Mediator Reports and Communication

This section states that a mediator nor anyone else can submit any report, assessment, evaluation, recommendation, or finding by the mediator to anyone except for a statement that an agreement was reached to the court.  

Section 1122 Disclosure by Agreement

This sections states how each party with the divorce mediation in California must disclose any communication or writing that was prepared during or after the mediation:

1) All people who are involved in the divorce mediation in California must agree in writing, or orally according to Section 1118, to fully disclose any communication, documents, and writing.   

Section 1125 When Mediation Ends

This section explains the procedures for when mediation ends:

1) The parties must formulate a written settlement agreement that completely resolves all issues.  

2) The mediator needs to provide all of the participants with a signed document stating the mediation is officially terminated.  

3) Each party must provide the mediator with a signed document stating they know the mediation is now terminated.  

4) There shall not be communication between either party and the mediator for at least 10 days after the resolution of the mediation.  

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