Can a mediator recommend a recommendation to the court if the parties cannot agree?

California, United States of America


The following excerpt is from McLaughlin v. Superior Court, 140 Cal.App.3d 473, 189 Cal.Rptr. 479 (Cal. App. 1983):

These conclusions permit the mediation proceedings which Civil Code section 4607 requires where child custody or visitation are contested. They also permit the mediator to make a recommendation to the court if the proceedings do not produce agreement, but only if the parties are guaranteed--or waive--the right to cross-examine the mediator and other rights essential to due process. (See Fewel v. Fewel, supra,

Page 487

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