Mediation Changes And Problems

Policy Regarding Requests for Change of Mediator
and General Problems Relating to Mediation in San Diego

The goals of mediation are to provide parents the opportunity to develop agreements of child sharing in the "best interests of the children". In meeting these goals, the following should be considered and provided:

  1. The protection of the parties to a safe and comfortable facility in which to conduct their mediation efforts.
  2. Professional staff trained in and sensitive to all facets of dynamics of divorce and effects on children and who will protect the balanced input of the parents.
  3. Family Court Services provides quality professional services and does its best to insure that the concerns and information of all clients are heard, considered and respected.

Request for Change of Counselor

In most cases when a client is not satisfied, the best form is the courtroom where the client/attorney has an opportunity to examine the counselor.

1. Same Action and lssues:

A) Criteria to be considered by Family Court Services:

  • Will client's feelings and resistance become a major issue?
  • Is this an instance of counselor shopping or manipulation?
  • Was the counselor fair in receiving input from the parties?
  • Did the counselor focus on the Best Interest of the child and the parents' respective abilities to meet those needs?
  • Did anything occur to cause the client to feel the counselor was not being objective?

2. If there is a new court action (i.e. Modification Proceeding), a request may be made for a new counselor at the time the appointment is set.

A) Procedure:

  • Request in writing to Director of Family Court Services by attorney or propria persona (pro per), copy to other side.
  • Director either reviews or delegates review based upon Section B - I/A, 1-5 (criteria).
  • Advises parties and attorneys in writing of decision (time permitting).
  • Any complaint must be submitted in writing to the Director.
    • The Director will route the written complaint to the appropriate supervisor.
    • Supervisor reviews file and criteria with counselor.
      • The supervisor may schedule a meeting with the attorneys and counselor to discuss how the case was handled.
    • If it is felt that the counselor was fair and had considered all criteria concerning the Best Interests, a change may not be made.
      • Frequently a clear explanation to the client/attorney may clear the air and thus reduce client's feelings of having not been heard or treated fairly.
      • Clients should also be aware of their right to question counselor in court and argue for or against any Family Court Service recommendation.

Contact Us

The choice of legal representation when filing for divorce or trying to resolve a family dispute is important to you and your children and should not be made lightly. Please review the information on our website, consider our qualifications, and then contact the San Diego law offices of divorce lawyer Marilyn Bierer today for a case evaluation and review of your legal rights. Because of the serious and complex nature of family law matters, our attorneys must meet with you in person before we can provide any legal advice concerning your family law issue.