Mediation must be conducted in an atmosphere that encourages trust in the process and a perception of fairness. To that end, mediators must:
(1)Meet the practice and ethical standards of the Code of Ethics for the Court Employees of California and of related law;
(2)Maintain objectivity, provide and gather balanced information for both parties, and control for bias;
(3)Protect the confidentiality of the parties and the child in making any collateral contacts and not release information about the case to any individual except as authorized by the court or statute;
(4)Not offer any recommendations about a party unless that party has been evaluated directly or in consultation with another qualified neutral professional;
(5)Consider the health, safety, welfare, and best interest of the child in all phases of the process, including interviews with parents, extended family members, counsel for the child, and other interested parties or collateral contacts;
(6)Strive to maintain the confidential relationship between the child who is the subject of an evaluation and his or her treating psychotherapist;
(7)Operate within the limits of his or her training and experience and disclose any limitations or bias that would affect his or her ability to conduct the mediation;
(8)Not require children to state a custodial preference;
(9)Not disclose any recommendations to the parties, their attorneys, or the attorney for the child before having gathered the information necessary to support the conclusion;
(10)Disclose to the court, parties, attorneys for the parties, and attorney for the child conflicts of interest or dual relationships and not accept any appointment except by court order or the parties’ stipulation;
(11)Be sensitive to the parties’ socioeconomic status, gender, race, ethnicity, cultural values, religion, family structures, and developmental characteristics; and
(12)Disclose any actual or potential conflicts of interest. In the event of a conflict of interest, the mediator must suspend mediation and meet and confer in an effort to resolve the conflict of interest to the satisfaction of all parties or according to local court rules. The court may order mediation to continue with another mediator or offer the parties alternatives. The mediator cannot continue unless the parties agree in writing to continue mediation despite the disclosed conflict of interest.
Mediation or the newer child recommending counseling services as it is called is a nightmare for parents and torture for children.
The only function this ludicrous service has is to mediate an agreement between the parties. If there is no agreement no recommendation can be provided pursuant to family code section 3183.
This, however; does not stop the Court and mediators employed by the Riverside Superior Court to provide proposed orders to the Court when there has been no agreement and in violation of evidence code section 1118 and 1121.
The heinous acts that are committed to children are, however; much more serious. Mediators are supposed to adhere to a code of ethics under California Rules of Court 5.210, (described below), where their conduct is very well defined.
However, the function of the mediators especially in the Riverside Superior Court is not to mediate but to cover up the heinous…
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