Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You do not state what the mediation session is for. Typically, the parties prepare a mediation "brief" and give it to the mediator several days before the mediation session. In that brief, the parties explain the relevant facts and point out the strength of their case and the weaknesses in the opponent. After reviewing briefs from both sides, the mediator will be in a position to help each side evaluate their claims, and hopefully help them reach an acceptable compromise. Be sure to consult your own attorney to protect your legal rights.
Click here for general information on mediation.
Mediation of custody disputes has its own rules and you should consult with a family lawyer or a free clinic in your area.
David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.
It sounds like you are getting ready for a court ordered "mediation" which is now called Child Custody Recommending Counseling because the person facilitating your "mediation" may write a recommendation for the court based on your session with him/her if you and the other parent can't reach agreements in the session. A mediator is a neutral facilitator and would therefore never write a recommendation to a court. The best preparation I can recommend for this session is to bring pictures of your children and put them in the middle of the table and use them to remind yourselves that you will stay focused on your children and their needs, and that you will not put them in the middle. There are resources online for co-parenting, UpToParents.org is good and I have parenting tips on my website as well.
Sign up to receive a 5-part series of useful information and advice about child custody law.