FAMILY LAW NEUTRAL SERVICES

Family Law Mediation is a confidential way for parties to negotiate an amicable resolution of their disputes in their divorce, custody, or support case. A family law case does not have to be filed before mediation can occur. Mediation provides parties options for creative customized resolution that may not be considered through litigation. Parties to mediation maintain greater control of the process of negotiation and outcome of their disagreements.

Family Law Mediation can occur directly with the parties when they are selfrepresented, with or without consulting attorneys, or with the consent of their attorneys. Family Law Mediation is also an option when both parties and their attorneys wish to actively participate in negotiations but desire the assistance of a neutral to facilitate settlement discussions or a seek the input of a third party to present a neutral assessment of the issues.

Child Custody Counseling or Child Custody Recommending Counseling is conducted by mental health professionals, not attorneys. The mental health professionals are not licensed to advise the parties about their legal options. The legislature has taken efforts to distinguish these services by no longer calling them mediation. However, the long-standing practice of calling these services mediation has been difficult to shake in litigation because it is simply easier to say mediation than child custody recommending counseling.

Child Custody Counseling does not generate a report for use by the court. Child Custody Recommending Counseling concludes with the mental health professional preparing a written report with recommendations. There are laws and rules of court requiring counseling reports in recommending counties not be disclosed to the public. However, these restrictions do not rise to the level of confidentiality provided through Family Law Mediation.

Both parties must agree to mediation and participate in the initial consultation with Miranda. Neither party can initiate mediation by a separate appointment. Parties who wish to engage in mediation at Barber Tubis Law can designated a party to make initial telephone contact at (707) 429-2222 or send an email to [email protected]

requesting to schedule a mediation consultation. A tentative mediation consultation will can be scheduled subject to the other party’s confirmation.

A Parent Coordinator is a special master appointed by the court upon the agreement of the parties to specifically address disputes between parents about co-parenting roles. A Parent Coordinator operates in a quasi-judicial role making recommendations in high conflict parenting disputes where the parents have a history of poor co-parenting communication or decision-making. Depending on the terms of the order appointing the Parent Coordinator, the Parent Coordinator’s recommendations may be binding upon the parties as an enforceable court order if not challenged in court within a specific time period.

A Parent Coordinator does not have authority to modify the legal or physical custody, but may make recommendations about these subjects. More commonly, a Parent Coordinator is appointed by the parties to reduce or eliminate the frequent return to court to address issues such as a party’s participation in co-parenting counseling, mental health services for children or parents, substance testing for a parent with a history of substance abuse, a child’s medical or psycho-educational evaluation, minor adjustments to parenting schedules, parenting communication protocols, custodial exchange details, holiday and vacation disputes, extra curricular activities, and other similar decisions relating to day-to-day implementation of the parenting plan.

Minors Counsel is an attorney to represent the child. Minors Counsel is not a neutral, but is aligned with whatever they believe to be in the child’s best interest by presenting requests and evidence to the court in litigation. Minor’s Counsel may be appointed over the objection of a party, so the appointment does not create quasi-judicial authority to make binding recommendations.

A Parent Coordinator serves as a neutral to facilitate resolution of minor issues between the parents and make recommendations to the court. When appointed to do so, and subject to the terms of the appointment order, a Parent Coordinator also serves as a Special Master to issue binding recommendations which become court orders if not challenged in court.

A Discovery Referee may be appointed by stipulation or court order over the objections of one or both parties. If appointment by stipulation is desired, either party or any attorney involved in the case may contact Barber Tubis Law at (707) 429-2222 or send an email to [email protected] requesting our template appointment order.

A Discovery Referee is appointed by the court under California Rules of Court 3.922 and Code of Civil Procedure sections 638-645.2 to hear and make determinations on discovery disputes and motions.

A Discovery Referee may be appointed by stipulation or court order over the objections of one or both parties. If appointment by stipulation is desired, either party or any attorney involved in the case may contact Barber Tubis Law at (707) 429-2222 or send an email to [email protected] requesting our template appointment order.

A Private Judge can be used to make findings and orders on part or all of a case. A Private Judge can only be appointed by stipulation. The scope of the Private Judge’s authority is described in the stipulation for appointment.

• Litigation
• Settlement Conference
• Process Stipulated Judgment

Either party or any attorney involved in the case may contact Barber Tubis Law at (707) 429-2222 or send an email to [email protected] requesting our template appointment order. Advance consultation is not required before appointment if there are no changes to the Barber Tubis Law template order. If the parties or attorneys wish to make any changes to the template order other than allocation of payment of the retainer, a bilateral consultation must be scheduled before appointment will be accepted.