Mediation in California
Mediation is a voluntary, confidential way to resolve a dispute: a neutral mediator helps the people involved reach their own agreement instead of having a judge or arbitrator decide. This hub explains how mediation works in California, how it differs from arbitration, the strong confidentiality rules, and the mediation that's required in custody cases.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Mediation is often faster, cheaper, and more private than going to court — and in California it’s required before a judge will hear a contested custody or visitation dispute. The guides below explain what mediation is, how it compares to arbitration, why what’s said in mediation stays confidential, and how the child custody mediation process works.
Guides
- Child Custody Mediation in California
When California parents can't agree on custody or visitation, the court sends them to mediation before the hearing (Family Code §3170). Each court provides it through Family Court Services, it's confidential, and in some counties the mediator may also make a recommendation to the judge.
- How Mediation Works: The Process
Mediation usually follows a simple arc: the mediator's opening, each side shares their view, joint and private discussions (caucuses), negotiation, and — if the parties agree — a written settlement. It's voluntary, so anyone can end it, and what's said stays confidential.
- Is Mediation Confidential in California?
Yes. Under California Evidence Code §1119, almost nothing said or written for a mediation is admissible as evidence or subject to discovery, and participants can't be forced to disclose it — subject to narrow exceptions. Attorneys must even give clients a written confidentiality disclosure before mediating (§1129).
- Mediation vs. Arbitration in California
In mediation, a neutral helps you and the other side reach your own agreement and nothing is imposed. In arbitration, a neutral arbitrator hears both sides and decides the outcome — and private arbitration is usually binding under the California Arbitration Act (Code of Civil Procedure §1280 et seq.).
- What Is Mediation?
Mediation is a voluntary, confidential process in which a neutral mediator helps people in a dispute reach their own agreement. The mediator doesn't decide the outcome — the parties stay in control — which usually makes it faster, cheaper, and more private than court.
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