Setting appointments

When a party files an Order to Show Cause, (OSC), or Notice of Motion, (NOM), they will be given three appointment dates.  The 1st one is for parent orientation, the 2nd for mediation and the 3rd is for a Court hearing.

What is Mediation Orientation?

Mediation Orientation is a program designed to teach parents about children’s developmental stages and how they impact parenting plans. Time is also spent discussing conflict resolution, effective methods to "co-parent", and Amador County’s model for mediation and evaluation.

Orientation is held at the Jury Lounge in the courthouse and lasts for about 1 hour. Both parties should attend prior to participation in mediation. There is no fee for this class.  Orientation classes are on the 1st and 3rd Tuesday of each month at 4 p.m.  It is very important that you make every effort to attend this class.

This class is now available online.

Do children attend orientation?

Children should not attend orientation. This class is for the parents only. 

If this occurs, it is important that you still appear your mediation date, and at your Court hearing.  However, you should be prepared to provide an explanation to the judge why you did not attend the orientation.

What is mediation?

Mediation is a form of negotiation between people with the help of a professional mediator who will assist them in reaching an agreement regarding custody and parenting issues

Mediation is provided free of charge to the parties and generally occurs before the first Court appearance.

What is the purpose of mediation?

The purpose of mediation is:

1. To help reduce the hostility that may exist between the parties;
2. To develop an agreement that assures the child(ren) frequent and continuing contact with both parents and that assures the health, safety and welfare of the child(ren).
3. To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the child(ren).

What does mediation include?

Mediation includes interviews with the parents and any other parties legally joined in the case.

Mediation also includes the review by the mediator of the "Social History" form that is completed prior to attending mediation.

Who conducts the mediation?

The Court employs or contracts with experienced counselors who have graduate's degrees and specialized training in areas pertaining to children and families. These areas include, but are not limited to, conflict resolution, parenting techniques, children’s developmental stages, domestic violence, substance abuse, and child abuse and neglect. 

Mediators must meet the standard requirements set by the Administrative Office of the Courts under Rule 5.210 (f).

In most cases, parties can successfully resolve and agree on custody and parenting issues. However, if the parties are unable to reach a full or partial agreement, the mediator will prepare a report to the Court informing the Court of the outcome and identifying the unresolved issues.

What is a mediation report?

At the conclusion of your mediation session, the mediator will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the Mediation Report.

Because of the short time frame between the mediation appointment and the Court hearing, another appointment cannot be scheduled. If the other party attends as scheduled, this will be reported to the Court and that party's proposed parenting plan will be submitted.

If both parties fail to attend mediation, the appointment will be dropped and the Court notified of your failure to attend. If this occurs, it is important that you still appear at the Court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.

What is a child custody evaluation?

The custody evaluation report will provide recommendations that are based on the professional judgment of the child custody evaluator regarding a parenting plan that is in the best interests of the child(ren).  Child custody evaluators will meet the standards set by California Rules of Court, Rule 5.220 (g). Our evaluation is limited in scope and does not include psychological testing.

How long does it take to complete a custody evaluation?

Generally the Court will continue your case for 60-90 days if a custody evaluation has been ordered. During this time the evaluator will conduct interviews, collect and review information, and write their evaluation report.

Will I receive a copy of the report?

Yes. If attorneys represent both parties, a copy of the recommendation will be mailed to your attorney. If only one or neither or you are represented by an attorney, then a copy will be made mailed to you.

Is the recommendation an order of the court?

A custody evaluation report and recommendation has no legal status until the Court acts on it. A party who wishes to have the report adopted must appear at a scheduled Court hearing. If both parties are in agreement, the Court may approve the recommendations, or the Court may decide to make other orders. If either party disagrees with the recommendation, the matter may be set for further Court hearings.

"Ex parte contact" is not allowed by parties or attorneys at any time prior to completion of the report.  Ex parte contact means one party (or attorney) contacting the mediator without the other party being present or having knowledge of the nature of the discussion.

Ex parte contact after the report is completed is permissible. If the mediator needs to revise the report then the mediator will write an addendum and mail it to both parties and/or their attorneys.

Yes. A support person may accompany you to the mediation appointment. However, the support person cannot participate in, and is required to maintain confidentiality of, the mediation session.

A mediator may exclude a support person from a session if:

1. The support person attempts to participate in the session;
2. The support person acts as an advocate for the victim in a session;
3. The support person’s presence or actions disrupt the session.

Yes. Mediation reports are confidential and are not allowed to be copied or distributed to anyone other than the court, an attorney of record, or the named parties to the proceeding, with the following exception:

In certain instances the Court allows the exchange of information to other agencies in the justice system. Specific information can be obtained from FCS.

Mediator conflict of interest

Mediation/evaluation of cases that involve family law attorneys or their spouses, relatives, friends, or co-workers of the mediator may present a conflict of interest. It is the policy of the Court to avoid conflicts or the appearance of a conflict of interest. Therefore, in these cases, parties may be referred to private mediators unless both parties agree to waive any objection.

If parties agree to waive the conflict of interest objection, mediators will mediate. A mediator will not handle a case in which they perceive that a serious conflict of interest exists.

A set rate of $1,200.00 is charged for custody evaluations. If the court orders a custody evaluation, the Court will make a determination as to the parties’ ability to pay. If the Court finds that either party able to pay all or part of the expense, the Court may make an order requiring that person pay the Court, prior to the evaluation, for the amount the court determines appropriate.

A deposit of $150.00 is required any time a FCS evaluator is subpoenaed to attend a Court hearing or proceeding as a witness. The party issuing the subpoena will be charged, at the rate of $75.00 per hour, for the actual time spent preparing for Court testimony and/or deposition and the actual time spent testifying.

The deposit and fees are paid to the evaluator directly.

The following rules apply to the subpoena of a evaluator:

1. If the evaluator is to be examined in Court, he/she must receive the subpoena five working days before the Court hearing;
2. Due to time constraints, it is recommended that the party issuing the subpoena contact the evaluator 20 days before the Court hearing to determine the mediator/evaluator’s availability.
3. Depositions will take place at a mutually agreed upon place.
4. The party requesting the deposition must pay the evaluator's fees at $75.00 per hour.