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FCS mediation - how to file compliants against mediator?

Sacramento, CA |

Recently I participated in mediation at Family Court Services, Sacramento. Interview was for about 1 hr. My x-spouse did very good emotional performance - only baseless declarations, no actual refers to facts, few referred "facts" were "re-interpreted" in quite different light. From my side I tried to refer to actual problems and facts, but as had no time to explain, as had no such good presentation skills. As result – mediator wrote very negative report about me, without any checks of facts, just “per writer opinion”. Mediator even ignored preferences from child side – as he explicitly provided his preferences to be more with me. I consider that mediation and report as absolutely unprofessional behavior and want to file complaints against that mediator. How I may do that?

Attorney Answers 2

  1. I would suggest you tell the judge what happened and voice your concern and displeasure with the mediator. If you do not agree with the mediator's recommendations you can request the matter be set for trial. Depending on the situation you could also request a 3111 evaluation but this will cost money. The good thing about the 3111 evaluation is that it is more in depth and depending on the child's age, the child will be interviewed and their preferences may be given some weight in the recommendation.

    It would be best for you to consult with and hire an attorney. These situations regarding child custody and visitation are very complex. Many attorneys, including my office, offer free consultations. Good luck.

    Jason A. Ewing is a family law, criminal defense, personal injury and civil litigation attorney in Sacramento, CA. Mr. Ewing can be reached at 916-759-7645 or Please be advised that although Mr. Ewing is an attorney, the comments posted do not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.

  2. Look at the Court website and look at the local rules. I think the rule is 5.31 or 5.32 for filing a complaint about a mediator. You also need to request further mediation, with a different mediator.

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