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Mediator's influence on judge's decision?

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What is the name of your state? CA
My ex and I went to mediation yesterday.
He admitted everything in mediation. He admitted he was abusive to me. He admitted that he has a drug/alcohol problem and that he was diagnosed manic-depressive. He signed releases for his medical files (that's important because I was wondering how we could get them admitted into court). He admitted that he had taken our son on a drug run. He admitted he tried to grow drugs in the house.

But he still wants unsupervised visits. He says that he is clean since Feb. The mediator did not even talk about a parenting plan with us. She said she had heard enough to make a recommendation to the court. She made it pretty obvious that her recommendation was going to be supervised visits, recommended rehab and mental health help for my ex. He sobbed and sobbed into his hands when she said that.

My question is, how much does such a recommendation influence a judge's decision?

We go to court in a week, both of us with attorneys.

Thanks-CRP
 


I AM ALWAYS LIABLE

Senior Member
My response:

Normally, a mediator who has obtained information in a "Confidential Mediation" cannot file a report with, or make recommendations to, the court. [see e.g., L.A. Super.Ct. Rule 14.3(b)]. However, when in the opinion of the mediator, the child faces imminent endangerment by either parent, as in the case of illicit drugs, the mediator can file a report in that regard and the court gives such information "great weight".

IAAL
 
Oooohhhhh...

That makes sense...I thought she was required to make a report no matter what but I guess that she meant in context of whether or not we were able to agree upon a parenting plan/our agreements and disputes.
She made it really clear that she was going to make a recommendation otherwise and we never even got to the parenting plan discussion.
Normally, I'm the "talker" but for once I sat virtually silent while he did all of the talking.

P.S. Thank you IAAL...
YOU ARE "ALWAYS RE-LIABLE" : )
 
Last edited:

LdiJ

Senior Member
I AM ALWAYS LIABLE said:
My response:

Normally, a mediator who has obtained information in a "Confidential Mediation" cannot file a report with, or make recommendations to, the court. [see e.g., L.A. Super.Ct. Rule 14.3(b)]. However, when in the opinion of the mediator, the child faces imminent endangerment by either parent, as in the case of illicit drugs, the mediator can file a report in that regard and the court gives such information "great weight".

IAAL

I was told by a California attorney that there are two kinds of mediators in CA. There is the kind that the parents pay for, and those sessions are confidential. Then, there is the kind that the court appoints, and is free to the parents, and those mediators are REQUIRED to make a report to the judge and that their recommendations are nearly binding. I was told this fairly recently, so I don't know if this is something new or not.
 
Hmmm....

....I don't know if there is a difference.
Our mediator appt. was at the courthouse with a court-appointed mediator who made it really clear that she was passing a recommendation to the judge.
 

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