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What happens in mediation? What happens if i cant attend mediation? Is there a consequence to it?

Santa Ana, CA |

The day i have mediation is the day i start my job and i cant miss my first day of work or else i loose the job. i am not going to fight her fathers request on visitation time, i agree with what he is requesting. im just worried if i can get fined or anything bad can happen if i dont attend mediation.

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Attorney answers 4


The first thing to do is call the Mediation Office (I'm going to assume since you're writing this out of Santa Ana that your case is with the Orange County Superior Court) at (657) 622-6916 and ask about rescheduling. You must also call your Ex and let her know that you need to reschedule. If you agree to what your Ex is requesting then ask him to write it up as an agreement (called a "Stipulation and Order") that you can both sign at a Notary and he can then submit to court on the day of the hearing. Keep a copy of what you signed so you can compare it to whatever he submits to court.


The mediation you are referencing is an opportunity for the two parties to meet with a neutral third party to attempt to work out an agreement on custody and visitation issues. Many courts impose fines for failure to attend mediation because the appointments slots are difficult to obtain and with such late notice that time slot will go to waste. However, under the circumstances you have described it is possible that you can make arrangements so the time slot is not wasted. Perhaps a phone call to mediation when they open to advise them of your conflict and let them know you do not object to the request being made. They may be willing to still meet with the other parry, advise them of your situation and if there is an agreement they can still draft it and then you could make arrangements to sign it.

Information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.


With a scheduled mediation, you can be sanctioned and ordered to pay a fine for just not attending. So you try to get the mediation rescheduled. Call your attorney and ask to get it rescheduled if you have an attorney. If you do not, call the mediator's office and advise them of the situation about your new job and try to get it rescheduled.

One of these should work. If all else fails, you can file a motion with the Court and go have a hearing and explain the situation to the Judge, but it probably will not come to that.

Remember, whatever the Judge orders, you have to do, including mediation.

Good luck to you.

The information above is for informational purposes only, is not intended as legal advice, and does not create an attorney/client relationship.


If you were ordered to attend mediation, then yes, you can be fined. Contact the mediation department and see if they can reschedule after you explain your circumstances.

Thank you for reading. I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Please note that all the materials and information on this web site are general analyses made available for the public's general informational purposes only. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. Thus the transmission and receipt of information on this web site by anyone does not form or constitute an attorney-client relationship. My knowledge of laws is limited to California. Anyone receiving any information on this web site should not act upon the information provided without first obtaining the services of professional legal counsel licensed in their respective jurisdiction. Best of luck.

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