Donald Bradley Cripe's Answers

Can a Mediator use a past marriage(which had no issues) against you in their "recommendation"?

First, you have an identification issue. Family Court Services "Mediators" are not really mediators, at all. They are court evaluators who help the court determine who would be the best parent to have primary physical custody in a family law action. A true Family Law Mediator, is a facilitator for resolution of issues (the best route in family law cases, so the parties can make their own decisions), whose procedure includes absolute confidentiality (the mediator does not report to any court)....

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I just recently made an agreement with mediation , no papers were signed can i take it back

If you did not sign an agreement, then probably no agreement exists. That said, it is unclear what you mean by "made an agreement." Did you agree to mediate or agree on an issue at a mediation? Generally, Mediation is not over until the parties have an agreement (signed) or the mediator (or one of the parties) declares the mediation over. Without amplification, it is difficult to respond completely to your question.

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How does private custody mediation work? Do both parties have to agree to it?

Unfortunately, "privacy" or "confidentiality" in Family Court Services "mediation" in California is controlled by statute. Basically, the "mediator" (this is the wrong term for an FCS "mediator".. It should be "evaluator" instead), is allowed to report to the court. Each county has its own specific rules on this issue, but generally FCS procedures are a matter of agreement as far as privacy or confidentiality. A true "mediator" is one whose entire procedure is confidential: nothing from...

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If a mediator rules in your favor in their report, will the Judge most likely rule in your favor based on the report?

It is unfortunate that the Family Court system refers to Family Court Services "mediators" by that name. In San Bernardino County, they are really evaluators who report thier, often poorly founded, opinions to the Court/Judges. A true Mediator is one who makes no rulings, no orders and cannot force anything on anyone. A true mediator is to facilitate resolution through helping the parties make their own decisions. Unfortunately, if parties want something to be their way or nothing, the...

This is my 2nd marriage, 1 adult child from 1st marriage. My 2nd husband doesn't have children. I had properties before 2nd mar

This is a correction to my previous post.... When I said that not segregating the property does not necessarily mean that it is "separate," I meant to say it does not necessarily mean that it it "community property." Depending upon the title, the presumption of title may follow.

This is my 2nd marriage, 1 adult child from 1st marriage. My 2nd husband doesn't have children. I had properties before 2nd mar

First, you should confer with an experienced trust attorney. Second, just because you did not keep separate property segregated does not necessarily mean that it is separate. There are a vast array of statutes and case law that controls this type of situation. However, you may wish to ask your current spouse to "quit claim" to any property owned by you before entering the marriage understanding that if community property assets (income, etc) were contributed to the maintenance or payment of...

A judge ordered a foreclosure mediation hearing to be held. The mediation did not occur & my property has been sold.

There are a number of firms out there, including some interstate firms close to you, that hadle exactly your type of case on a contingency basis. Not having the full details of your case, there can be no telling whether or not an attorney will be found, nor can I tell if you may have a "statute of limitations" problem or other procedural hurdles. However, it seems to me that if you and the lender were actually ORDERED to attend foreclosure mediation, it appears that there may have been a...