When Is Mediation Required by California Family Law Courts?

Mediation is a critical step in many California family law cases involving children. In certain situations, participation in court-ordered child custody services is mandatory before a judge will hear custody or visitation disputes.

In California, this requirement is most often satisfied through Family Court Services (FCS), a court-connected child custody process that differs from traditional private mediation. While commonly referred to as “mediation,” FCS is a unique court program focused on helping parents resolve custody and visitation issues in a child-centered manner and, in some counties, providing recommendations to the court.

Whether you are dealing with child custody, visitation disagreements, or ongoing co-parenting challenges, understanding when FCS is required, how it differs from private mediation, and what role it plays in your case can help you prepare, protect your rights, and avoid unnecessary conflict.

This guide explains when California courts require participation in Family Court Services, what to expect during the process, and how working with an experienced family law attorney can significantly impact your outcome.

What Is Family Court Mediation in California?

Family court mediation in California refers to a court-connected child custody process designed to help parents address custody and visitation disputes before a judge makes orders. Rather than proceeding directly to a court hearing, parents are referred to a neutral, professionally trained Family Court Services (FCS) counselor or to private mediation, depending on the circumstances and the county.

Unlike private mediation, Family Court Services is not confidential in all counties. In recommending counties, the FCS counselor may prepare a written report with custody and visitation recommendations for the judge. In non-recommending counties, communications during FCS are generally not shared with the court, but the process remains court-connected and governed by local rules.

In California, child custody mediation is conducted in one of two primary ways:

Family Court Services (FCS) Mediation (Court-Ordered)

Most parents participate in mediation through Family Court Services, a department within the court that provides mandatory mediation at no cost. FCS mediators are trained in child development, high-conflict dynamics, and the legal standards that guide custody decisions. Depending on the county, they may also issue written recommendations to the judge if no agreement is reached.

Private Mediation (Voluntary)

Parents may also choose to work with a private mediator, often a seasoned family law attorney or mental health professional. Private mediation offers more time, flexibility, and customization, and it is especially helpful in complex or high-conflict cases.

Private Mediation vs. Court-Ordered Mediation in California

While California courts require parents to attend Family Court Services (FCS) before a judge can make custody or visitation orders, many families also choose to participate in private custody mediation, either before or after the mandatory session. Private custody mediation offers more flexibility, deeper support, and far greater control over the process.

“Private mediation can be very expensive, as the parties have to pay for the mediator's time as well as their attorneys' time, so I only recommend it if the parties have the financial resources. Additionally, mediation is only effective if the parties are willing to compromise. If I know that my client is totally unwilling to budge from their position, then I do not recommend paying for private mediation as it will only be a waste of time and money.”
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— Nicole You, Family Law Attorney

The Core Goals of California Custody Mediation

Mediation serves several essential purposes, all rooted in protecting the child’s best interests, including reducing conflict, promoting cooperation between co-parents, developing practical and child-centered parenting plans, and minimizing the need for courtroom litigation.

Because mediation encourages parents to craft the solutions together, it often leads to faster resolutions, more durable agreements, and less stress for the child.

California courts place significant weight on mediation because research consistently shows that children do better when their parents can resolve disputes with reduced conflict and improved communication. Further, it is proven that when two individuals create the solutions, they are more likely to follow those agreements without further conflict.  For that reason, mediation is built into the structure of almost every custody and visitation case in the state.

When Mediation Is Required by California Courts

In California, mediation is not optional when parents disagree about custody or visitation. State law requires parents to participate in Family Court Services counseling before a judge can make any decisions involving a child’s living arrangements, parenting schedule, or parental decision-making rights. This rule ensures that families have an opportunity to resolve disputes in a structured, child-focused environment before turning to litigation.

“I often recommend private mediation when the parties have the resources and the case is complex or high-conflict. When people have real financial and time investment in the process, they tend to engage more seriously and come prepared to resolve issues. Private mediation also gives everyone more space and flexibility, which often leads to faster, more durable agreements than court-run mediation alone.”
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— Garen Gevorkian, Family Law Attorney

Mediation is mandatory in all cases involving disputes about:

Legal Custody (Decision-Making Authority)

If parents disagree about who will make major decisions regarding a child’s health care, education, religion, or general welfare, they must attend Family Court Services before appearing in front of a judge.

Physical Custody & Visitation (Parenting Time)

When parents cannot agree on the day-to-day schedule, including exchanges, holidays, transportation, or travel, through participating in Family Court Services and working with a counselor, they will attempt to create a parenting plan.

Custody or Visitation Modifications

If one parent requests a change to an existing order (for example, a new schedule, relocation, restrictions, or added parenting time) and the other parent disagrees, the court will not hear the motion until the parties attend Family Court Services, where the counselor will attempt to resolve the issue.

Before Any Temporary Custody or Visitation Hearing

Judges cannot issue temporary custody or visitation orders unless parents first attend Family Court Services. This includes emergency requests that later proceed to a full hearing.

The Difference Between “Recommending” and “Non-Recommending” Counties in California

California counties follow two different models, and understanding which system your county uses is crucial for preparing to attend Family Court Services. The type of county determines the extent of the counselor’s impact on your custody outcome.

Recommending Counties (Also Called “Child Custody Recommending Counseling”)

In recommending counties, the counselor may submit written recommendations to the judge when parents cannot reach an agreement. These recommendations often carry substantial weight and may influence the final custody order unless compelling evidence supports a different outcome.

Key features of recommending counties:

• The counselor may interview both parents (and sometimes the child).
• If no agreement is reached, the counselor provides a written recommendation to the court.
• Judges frequently adopt these recommendations unless strong evidence suggests otherwise.
• Preparation is essential because your statements and behavior during the can directly affect the final custody orders.

Non-Recommending Counties

In non-recommending counties, the mediator’s role is purely facilitative to assist parents in reaching a parenting plan agreement on custody and visitation of their children.  Through this confidential process, the Family Court Services Specialist helps parents try to reach an agreement, but they do not make any recommendations to the judge.  They will memorialize agreements between the parents.

Key features of non-recommending counties:

• The mediator cannot influence the judge’s decision.
• If no agreement is reached, the case proceeds to a hearing where the judge relies solely on evidence presented in court.
• Parents often feel more comfortable participating openly, knowing the mediator’s notes will not be used as evidence.

Why This Difference Matters

Knowing whether your county is recommending or non-recommending helps you prepare effectively:

• In recommending counties, your counselor’s perception can directly shape custody outcomes.
• In non-recommending counties, the mediator is there to facilitate the exchange of proposals and solutions that both parents agree to. If no agreements are reached, the courtroom evidence and your attorney’s strategy will play an even larger role.

Being informed allows parents and their attorneys to approach Family Court Services with the appropriate preparation, documentation, and focus.

“There are important differences between recommending and non-recommending processes. In a recommending process, knowing that the mediator will be issuing a report, clients need to be prepared with clear proposals on the issues in conflict. In a non-recommending process, having multiple proposals, not just a single position, can be especially helpful, as it increases the likelihood of reaching agreements. Additionally, the confidential nature of the non-recommending process allows parties to openly share information and ideas, with the understanding that these discussions will not be presented to the court if agreements are not reached.”
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— Elizabeth M. Brown, Family Law Mediator

How an Attorney Helps You Prepare for Mediation

Even though Family Court Services mediation is not a courtroom, it can significantly influence the outcome of your custody case, especially in counties where recommendations are made to the judge. At Cage & Miles, our attorneys help clients enter mediation prepared, confident, and focused on what truly matters: the child’s best interests.

We assist by organizing key facts, addressing any safety or domestic violence concerns, and helping you outline a clear and practical parenting plan. We also coach you on communication strategies so you can stay calm, avoid common pitfalls, and present your concerns in a constructive, child-centered way. This preparation for Family Court Services ensures you don’t unintentionally harm your case and that the counselor clearly understands your goals, your role in the child’s life, and the stability you can provide.

For parents in recommending counties, this guidance is especially important, as the Family Court Services’ reports often carry significant weight with the court. An experienced attorney can help you navigate the process strategically and put your best foot forward from the start.

“Private mediation is typically recommended over FCS mediation when the case involves specific nuances and complex issues that a temporary judge or bench officer may not have the appropriate time, expertise, or ability to revise and consider all relevant information necessary to settle the disputes. Private mediation, while highly beneficial, is very costly to clients who may not benefit from the process if they are too far apart in their positions or are unwilling to compromise in high-conflict divorce cases. Where the parties are close to resolution but need guidance, insight, expertise, and emotional encouragement in the right direction, private mediation is very successful. However, in high conflict divorce cases where one side is either unreasonable and/or unwilling to listen to the opposing party, court mediation may be more appropriate as oftentimes, a party benefits from hearing legally guided direction from a superior bench officer.”
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— Ashley Bell, Family Law Attorney

FAQs:

Is mediation mandatory in California child custody cases?

Yes. FCS is required in every California child custody or visitation dispute before a judge can issue any orders. This applies in divorce, parentage, legal separation, and post-judgment cases.

Do I have to participate in FCS if there is domestic violence?

Yes, but with protections. When domestic violence is involved, California courts must provide safety accommodations such as separate rooms, staggered arrival times, or allowing a support person to attend. You will not be forced to sit with the other parent.

What happens if we don’t reach a mediation agreement?

If mediation fails, the case proceeds to a court hearing. In recommending counties, the counselor will submit a written recommendation to the judge, which can influence the final custody order. In non-recommending counties, the judge decides based solely on evidence presented in court.

Do I need a lawyer to prepare for mediation?

You are not required to have an attorney, but having one is highly beneficial. A family law attorney can help you prepare ahead of attending Family Court Services to develop a parenting plan, organize evidence, address safety concerns, and avoid statements that may negatively impact your case, especially if the counselor will be making recommendations to the judge.