How to Set Up a Child Custody Mediation (CCRC) Session
When parents are involved in a custody dispute, one of the most constructive steps they can take is to engage in private child custody mediation. In California, this is often referred to as Child Custody Recommending Counseling (CCRC).
However, unlike traditional therapy, custody mediation is a legal process, and the mediator functions in a court-appointed role—not as a private therapist. Because of this, specific legal and procedural steps must be followed.
A Note on County Differences
It’s important to understand that each California county may have its own procedures and preferences when it comes to how custody mediation is initiated and processed. While this article outlines the general method used across most counties, some local courts may have additional requirements or alternative protocols. Always check with your local court or consult your attorney to ensure you’re following the correct process for your jurisdiction.
Step 1: Requesting Private Mediation Through the Court
Typically, one or both attorneys will request private mediation during a hearing or through a case management order. Once approved, the judge will request that both parties submit a list of three qualified mediators.
These professionals must have specialized training in child custody mediation, family systems, and domestic violence. Both attorneys then work together to select a mutually agreed-upon mediator.
Step 2: Formal Appointment of the Mediator
Once a mediator has been selected, their name is submitted to the court, and they are officially appointed in one of two ways:
- Through an Order and Findings After Hearing (FOAH) signed by the judge
- Or through a stipulation and order signed by both attorneys and submitted to the court
⚠️ Important: The mediator cannot begin services until they have been formally appointed by the court. This legal designation authorizes the mediator to act as a neutral officer of the court, rather than as a privately hired therapist.
Step 3: Intake and Payment
After appointment, the mediator will:
- Request full contact information (email and phone) for both parents
- Send out an intake packet, which includes:
- A Custody Mediation Agreement
- A questionnaire or intake form
- Instructions for paying the retainer fee, which must be received before any sessions can be scheduled
Step 4: Recommending vs. Non-Recommending Counties
California counties are classified as either recommending or non-recommending when it comes to custody mediation:
- Recommending Counties:
The mediator (or CCRC) may write formal recommendations to the court if the parents are unable to come to a full agreement. These recommendations may carry significant weight with the judge. - Non-Recommending Counties:
The mediator’s role is limited to facilitating communication and helping the parties come to a mutual agreement. No formal recommendation is made to the court if they fail to agree.
If you’re unsure which type of county your case is in, your attorney can help clarify the local rules. It’s also important to ensure your chosen mediator understands whether their role includes making recommendations or not.
Step 5: Verifying Mediator Qualifications (FL-411)
For mediators serving in a recommending role, many courts require submission of Form FL-411 – Declaration Regarding Qualifications for Child Custody Recommending Counselors. This form verifies the mediator’s:
- Educational background and licensure
- Training in domestic violence, child custody law, and mediation
- Compliance with California Rules of Court, Rule 5.210
Courts may not accept a custody report from a mediator unless this form is on file.
Questions?
If you are an attorney or parent navigating the setup process for private child custody mediation, feel free to reach out. I’m happy to answer procedural questions or discuss how I may serve in your case as a court-appointed custody mediator.
Avoiding Ex Parte Communication
Please Note: In custody-related matters, it is critical to avoid ex parte communication—which refers to direct contact with a mediator, judge, or evaluator by one party without including the other party.
This kind of one-sided communication is prohibited in court-related services to protect neutrality and fairness.
To avoid this, always copy the other parent (or their attorney) on all communications with the mediator. This helps preserve the mediator’s role as a neutral party and avoids any appearance of bias or impropriety.
-Joel Walton