Q: Can I Bring an Attorney to an RFO Custody Mediation Meeting?
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the mediation for the upcoming hearing, even if they do not officially sign up to participate?
A: Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free to retain an attorney. If during the mediation you want to consult with your attorney, you can step out of the room or into the hallway and make a call to your attorney.
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A:
In California, during a custody mediation meeting that is part of an RFO (Request for Order) process, it is generally permissible for you to have your attorney present as a support or advisor. Your attorney can provide coaching, listen to the mediation, and offer guidance during the process, even if they do not officially sign up to participate. However, it's important to understand that the role of your attorney in mediation is limited.
Your attorney's participation in mediation is typically restricted to providing advice and guidance to you, rather than actively engaging in negotiations with the other party or their attorney. Mediation is intended to be a collaborative process, and attorneys typically do not take on an adversarial role during mediation sessions.
Having an attorney present during mediation can be valuable in helping you understand your rights and options, as well as ensuring that any agreements reached during mediation align with your best interests. It's advisable to discuss your specific situation with your attorney to determine the most effective way to utilize their assistance during the mediation process.
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