NCRC Family Law Mediation services can be used by unmarried couples or domestic partners to resolve asset and debt division. Registered domestic partners may have additional legal considerations. The mediator can prepare any necessary legal documents.

Couples with children utilize NCRC’s mediation services to resolve parenting, time sharing and child support issues. Couples with children may choose to obtain enforceable court orders to support their agreements. If so, they file an action in the Family Court and the mediator can prepare any necessary legal documents. Just as with Divorce or Legal Separation, mediation is an advantageous, cost effective approach for addressing these issues in a mutually acceptable way.

Parents have rights and responsibilities regarding their children, but unmarried parents are not legally required to enter into a formal court case. It is up to the parents to decide whether they want to file their case in court. Mediation at National Conflict Resolution Center (NCRC) can help resolve parenting issues, either way.

WHAT IS PATERNITY MEDIATION?
Mediation is a process for handling issues concerning children in which the parents voluntarily meet with a trained, impartial mediator to resolve those issues and reach parenting agreements. The mediators do not decide the outcome but assist the parties to reach their own agreements on issues of custody, visitation, child support and/or parenting.

If the parents want to document their agreements with the court and have them be the subject of court orders, they may file a “Paternity” case. This court process is used even when the father’s identity is uncontested.

They may meet with an attorney/mediator who can help them resolve the legal issues regarding their children, parenting issues, and decide whether to file a Paternity case with the court.

They can also meet with a licensed psychologist/mediator. The parenting mediator focuses exclusively on parenting issues and can be involved when there are issues that would benefit from the expertise of a psychologist/mediator, such as sharing time with the children, extra-curricular activities, travel and holiday schedules, health care, daycare and/or education issues.

WHAT HAPPENS DURING MEDIATION?

1.    Orientation meeting
The initial meeting is an orientation to the mediation process. The mediators provide legal and or parenting information help the parties reach their agreements. The parents are asked to gather financial information and documents as identified at the meeting. Specific issues might also be addressed, if time allows.

At this stage, parents will typically discuss if they want to file a formal “paternity” case at court or if they wish to proceed informally, without a court case or judge’s orders.
       
2.     Joint sessions to discuss and resolve issues
One or more meetings are held at times and locations agreed to by the parents. The number of sessions will depend on the needs of the particular couple.

The Mediator guides the discussion giving both parties the opportunity to speak without interruption and describe their view of the family relationship and the childrens’ issues. Issues are identified and discussed, narrowed and resolved based on legal, financial and other information.

The goal is for the parents to understand each other’s perspectives and to move toward reaching their own agreements.

3.     Develop Settlement Agreements
After the parties have reached agreement in principle on all of their issues, they have choices regarding their agreement:

• If the parties have filed a Paternity case, a written agreement must be prepared and filed, along with several other documents, and will be made part of the court’s final orders. The attorney/mediator prepares all legal documents and if the parties have worked with the psychologist/mediator those agreements can also be incorporated into it as appropriate.
  

• If the parties have not filed a formal court case, but would like a written agreement the mediator will prepare an agreement for the parents to follow on their own. If the parents voluntarily follow their mediated settlement agreement they may not need any formal court orders. Settlement Agreements that are not filed with the court are not court orders - however, it can be enforceable if the agreement specifically states that the parents agree for  it to be enforceable if a paternity case is filed later.

4.     Review the Settlement Agreement
NCRC recommends that the parties consult with attorneys of their choice to advise them regarding any legal issues addressed at the mediation sessions and to review any written agreements that have been prepared.

5.     Finalize the Settlement Agreement:
Once the parties have reached all the final terms, the final written agreement will be prepared and signed by the parents.

If the parties have filed a Paternity case, the final Settlement Agreement and related legal documents will be prepared by the attorney/mediator and filed with the court. Upon approval, the court will then enter the agreement as the final court orders.

WHO ARE THE MEDIATORS?

NCRC’s primary Family Law Mediators are experienced family law attorneys. NCRC also offers the option of meeting with a non-attorney psychologist/mediator for parenting issues.

All NCRC mediators have more than 50 hours of mediation training in addition to their professional training and experience as an attorney or psychologist. NCRC staff provides supervision and continuing education. Clients may request a specific mediator from the panel or ask NCRC to make a selection for them.

WHAT IS THE ROLE OF THE MEDIATOR?

Attorney/Mediator:

• Conduct a process which assists the parents in reaching mutually acceptable solutions
• Provide relevant legal information
• Help parents communicate productively
• Assist in generating options for resolving disagreements between parents
• Assist in crafting terms of an agreement consistent with the principles of justice and fairness
• Draft the Settlement Agreement
• Draft and file all legal documents in formal paternity actions

The NCRC Divorce Attorney/Mediator will provide both parties with current, relevant legal INFORMATION outlining the law applicable to their individual circumstances. The Mediator will not advise the clients or make judgments on their behalf as to appropriate choices among those discussed during mediation. The mediator will not provide legal advice to either party, because the mediator does not represent either one. The divorcing couple has control over any agreement made in the mediation process.

Psychologist/Mediator

• Focus exclusively on parenting issues such as sharing time with the child(ren), extra-curricular activities, travel and holiday schedules, health care, daycare and education issues as well as day-to-day parent interactions.
• Provide relevant psychological and child development information
• Assist in developing a workable parenting plan that can be incorporated into the overall mediation with the attorney/mediator.

The NCRC Psychologist/Mediator will provide general INFORMATION about child development and practical psychological principles. The Mediator will not make therapeutic assessments or evaluations of either party or their children. He is not a therapist for either one of the parents or both of them and does not make reports or recommendations to the court.

DO WE HAVE TO FILE A COURT CASE BEFORE THE MEDIATION?
There is no requirement for parents to file a court case at all. For those parents who choose to do so, mediation of issues related to parenting may take place before or after a paternity action has been filed in court. California law allows parents to negotiate most of these terms themselves, (subject to the final approval of the court, if a case is filed.)

DO BOTH PARENTS HAVE TO AGREE TO MEDIATE BEFORE CALLING NCRC?
If either party is interested in mediation, our staff can contact the other party to discuss our services. If one parent is reluctant to proceed, the initial mediation agenda may be to establish interim agreements for a trial arrangement and a time frame to reconvene.

HOW MUCH DOES MEDIATION COST?
NCRC charges a one-time administrative fee of $125 per person payable at the first session.

NCRC charges $300 per hour for the time spent in the mediation sessions. Each session takes approximately two hours. Most mediations are completed in 1 to 3 sessions depending upon the needs of the parents. Payment is due at the end of each session. We require a Visa or MasterCard number to be kept on file as a guarantee of the mediation time. Nothing is charged on the card unless an appointment is missed or cancelled with less than two business days notice. No retainers are required.

NCRC charges a flat fee for the preparation of any documents. Fees are quoted by the mediator and are due before the mediator prepares them. It is the parties’ decision if they want the mediator to prepare documents or not.

If parents choose to file a Paternity case, NCRC’s fee is $300 for preparing the Summons, Petition, Response, and other necessary forms to initiate the case. The court filing fees are paid separately to the court as follows:

• $395 when the Petition is filed.
• $395 when the Response is filed.
• $20 when the Stipulation and Order re: Mediation is filed

The fee for the Settlement Agreement is typically between $500 and $2,000 depending upon the complexity of the case and whether or not a court case has been filed. The fee also includes a consultation of up to 30 minutes with the Mediator to ask questions about the Agreement, making minor revisions, sending out a second draft, if necessary, and if the parents choose to file a formal paternity case in court, preparation of the final legal forms called “the Judgment Package.” Renegotiation of its terms in a joint meeting, in person, over the telephone, or by e-mail may be charged at the regular hourly rate.
 
If the parties have met with the psychologist/mediator and want to have a detailed written form of their parenting agreement prepared, the psychologist/mediator will quote a separate fee based upon the complexity of the parenting agreements.

DO PARTIES NEED TO HIRE THEIR OWN ATTORNEYS?
Parents may choose to obtain legal, financial and other advice at any time in the mediation process. All parties are strongly encouraged to obtain a review of the Settlement Agreement by independent legal counsel prior to signing the Agreement. If both parties agree, attorneys are welcome to attend the mediation sessions to advise and counsel their clients.

WHAT ARE THE ADVANTAGES OF MEDIATION?
Convenient * Cost effective * Less Stressful * Improves Communication * Confidential * Non-adversarial * Informal * Easier on the children

• Mediation provides a unique opportunity to develop mutually acceptable outcomes tailored to parents’ and children’s needs

• Mediation sessions are arranged at mutually convenient times at sites throughout the County
• Most mediation clients do not need to make court appearances

HOW LONG DOES IT TAKE TO SCHEDULE A MEDIATION?
After both parties agree to participate in mediation, the first session can be scheduled within one or two weeks.

WHAT SHOULD PARENTS BRING TO MEDIATION?
It is not necessary to bring anything to the initial meeting. However, you may bring any documents that you would like to review, discuss or use for guidance during your session. During the first meeting the mediator will work with the parties to determin what information will be needed for further sessions, such as financial and income information, child care expenses, etc.