CALIFORNIA EVIDENCE CODE
Evidence Code Section 1115
For purposes of this chapter:
(a) "Mediation" means a process in which a neutral person or
persons facilitate communication between the disputants to assist them
in reaching a mutually acceptable agreement.
(b) "Mediator" means a neutral person who conducts a mediation.
"Mediator" includes any person designated by a mediator either
to assist in the mediation or to communicate with the participants in
preparation for a mediation.
(c) "Mediation consultation" means a communication between a
person and a mediator for the purpose of initiating, considering, or reconvening
a mediation or retaining the mediator.
MEDIATION TIP: As you can see, there are no specific licensing or other requirements
for holding oneself out and acting as a divorce or family law mediator
in California. It is not uncommon to see people with paralegal, mental
health, religious and forensic accounting training act as such "neutrals".
As a practical matter, unless the mediation solely involves child custody
and visitation issues, mediating the property and support aspects of a
divorce or family law case together with a lawyer-mediator may be your
Also, this section contemplates co-mediators in its definition, which means
that the privileges in Family Code sections 1118 through 1128 apply to
such persons. If you are a mediator, it is a good idea include co-mediators
or other neutrals who are used in the mediation process within your mediation
agreements, as certain immunities from malpractice claims and suit can
be achieved that extend to them as well.
Here is a sample mediation agreement I use in my Palm Springs mediation
practice through DFMS - you are welcome to adopt it to your own specifications.