Is mediation required before a custody trial in California?

What the Law Says

California law requires mediation for all contested child custody and visitation issues before a court will hold a trial on those matters. This applies statewide and is administered through Family Court Services.

The requirement is rooted in California’s policy to promote settlement, reduce adversarial conflict, and prioritize the best interests of the child. Mediation is not optional — it is a statutory prerequisite to proceeding to trial on custody or visitation.

Mediation must be completed before the court can hear evidence on contested custody or visitation issues. The court may only bypass mediation in limited circumstances — such as documented risk of child abuse, domestic violence, or other serious safety concerns — but even then, the court must make specific findings on the record.

Mediators are trained professionals employed by the court or approved by the court. Sessions are confidential, meaning statements made during mediation generally cannot be used later in court — with narrow exceptions for disclosures of child abuse or threats of harm.

Statutory Text

In any contested proceeding under this part, the court shall require the parties to attend mediation… prior to the hearing on the contested issue.

— Family Code § 3170(a) — Mandatory mediation

Statutory Text

The mediator shall report to the court whether an agreement was reached and, if so, the terms of the agreement… The mediator shall not disclose to the court the substance of the mediation.

— Family Code § 3170(d) — Confidentiality and reporting

What Courts Have Said

California courts have consistently upheld the mandatory nature of custody mediation and emphasized its role in protecting children and promoting cooperative parenting.

What to Do

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