What if my brother was sent home by the mediator for the mediation meeting? 4 Answers as of January 24, 2012

My brother is going thru a custody case with his ex-girlfriend for his 2 daughters. They had a mediation meeting around December 16, 2011. Prior to this meeting, it was agreed (the ex-agreed) to have a video conference in court at the mediation office. However, when the date came my brother showed up at the mediation office and he was told by the mediator that they were not equiped to have that type of meeting. My brother was asked to go back home and call the mediator's office to have the meeting via conference phone (the ex-girlfriend and new boyfriend were with the mediator all the time). My brother did as told and he couldn't really have this meeting because he couldn't see what she was showing the mediator in order to comment on. I feel that this was handled completely wrong and that this meeting shouldn't even be considered in court and that a new new meeting and a new mediator should be assigned. How much power does a mediator have? What should my brother do?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
It is important to show up for mediation. When he goes to the hearing he can tell the judge that what happened and ask for another mediation. I never heard of a boyfriend going in for mediation??? Mediation is set up so the parents can decide on a visitation schedule. I think you are the one who asked about the PD for your brother. Hard to piece together a case by just asking questions on the internet. Look for an attorney. This is an expense your brother will not regret and it will be worth it for him. It will be a blow to him if he doesn't get to see his kids. Think about it. Each county has different rules for mediation.
Answer Applies to: California
Replied: 1/24/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The mediator has the power to control how the mediation session is handled. I don't know why he was sent home but I don't know that there is much that can be done.
Answer Applies to: California
Replied: 1/19/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your brother should contact the mediation director or supervisor in charge and request a review and re referral to mediation.
Answer Applies to: California
Replied: 1/19/2012
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
This is a tough situation. Mediators have a lot of power because most judges tend to adopt or to stay pretty close to the mediation recommendations. He needs to go to court and tell the judge - calmly and precisely - what occurred and request that he be re-referred for further mediation and that a new mediator be appointed as he was not given a fair chance to meaningfully participate. If that is not granted, he needs to request a long cause hearing and to make arrangements to cross-examine the mediator. There is a case called Marriage of DeRoque in which the Court complimented the Judge for not blindly following the mediator's recommendations but as a matter of reality those situations are uncommon.
Answer Applies to: California
Replied: 1/19/2012
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