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Local Rules of Superior Court of California, County of Imperial

attorney, and inform the Court in subsequent report of the
writing. minor’s/minors’ interview shall be
filed within the case file and shall be

[Rule 5.3 adopted July 1, 2007, amended 01/01/09, confidential except to the parties to 01/01/11, Rule 5.3 is renumbered to 5.1.4 01/01/12] the case and/or to their attorneys.

[Rule 5.6 adopted July 1, 2007, amended 01/01/08, Rule 5.6

Rule 5.1.5 Participation in Mediation is renumbered to 5.1.7 01/01/12, amended subd (b) 01/01/19, subd (c) adopted July 1, 2019, subd (a), (c) amended 07/01/25] The mediator has the duty of assessing the needs and best interest of the children, and Rule 5.1.8 Stipulated Mediation may interview them if the mediator The parties may agree to mediation before a determines it is appropriate or necessary. The hearing on a notice of motion or order to mediator has the authority to involve such show cause by filing the Stipulation for persons in the proceedings, as the mediator Mediation Form (FL-05) with a notice of deems appropriate. Children over the age of motion or order to show cause. Upon signed 11 shall be present and shall have the mediation agreement, the clerk will set date opportunity to express a preference. for further hearing.

[Rule 5.4 adopted July 1, 2007 is renumbered to 5.1.5 [Rule 5.7 adopted July 1, 2007, amended 01/01/11, Rule 5.7 01/01/12, amended 07/01/19] is renumbered to 5.1.8 01/01/12]

Rule 5.1.6 Confidentiality of Mediation Rule 5.1.9 Referral to Counseling

Where custody or visitation is in dispute, theMediation must be held in private, and is parties shall, preferably in writing, addressconfidential. Mediators are not allowed to the issues in Family Code §§3190-3192,testify concerning any aspect of the including (1) any alleged substantial dangermediation process. to the best interests of the child, and (2) the

[Rule 5.5 adopted July 1, 2007 is renumbered to 5.1.6 manner in which counseling is in the best 01/01/12] interests of the child.

[Rule 5.8 adopted July 1, 2007, amended 01/01/08, Rule 5.8

Rule 5.1.7 Results of Mediation is renumbered to 5.1.9 01/01/12]

(a) If mediation results in an agreement, Rule 5.1.10 Repealed the mediator shall reduce the agreement to writing and present it to [Rule 5.9 adopted July 1, 2007, repealed 01/01/08 is the parties for signature. Once the renumbered to 5.1.10 01/01/12] parties come to an agreement, the agreement shall be filed within the court Rule 5.1.11 Court Experts and case file. Investigators

(b) Except as provided in (c) below, if In an appropriate case, the Court may refer mediation yields no agreement on any the matters of custody and visitation to the issues, the mediator shall report only Probation Department, or to another Court that mediation was unsuccessful. expert for an investigation and report pursuant to Family Code Section 3110 or (c) The mediator will report the input and Evidence Code Section 730. The Court may preference of children. If the mediator also appoint an attorney for a child or private interviews a child/children, the custody evaluator or investigator. The cost of 35