Court-Ordered Custody Mediation vs. Private Mediation in Los Angeles County
If you and your co-parent are heading to Los Angeles Superior Court over a custody or visitation dispute, the court will require you to attend mediation through Family Court Services before a judge will hear your case. For many parents, this is the first — and only — mediation experience they have.
But court-ordered mediation and private mediation are not the same thing. They serve different purposes, operate under different rules, and can lead to very different outcomes. Understanding the distinction before you walk into either one can make a significant difference in how you approach the process.
What Is LA County Family Court Services?
Family Court Services is a department of the Los Angeles Superior Court. When parents have an active custody or visitation dispute in family court, the court will typically order them to meet with a Family Court Services counselor before the matter is heard by a judge.
These counselors are mental health professionals — not attorneys — employed by the court. Their role is to help parents try to reach a custody and visitation agreement. If the parents reach agreement, that agreement typically becomes the court order. If they do not reach agreement, the the parties could wait months before being heard by the judge.
Prior to mediation both parents are required to watch the Our Children First orientation program and submit the certificate to the court. Parents should also complete the Family Court Services confidential mediation form online five (5) days before their scheduled mediation appointment.
| “If parents cannot reach agreement in LA County’s mediation process, the parties must wait for their court hearing and any continuances.” |
Key Features of LA County’s Court Mediation Process
- Free of charge — provided by the court at no cost to either party.
- Brief sessions — typically 45 minutes, depending on the case and department.
- Virtual — Held by videoconference or teleconference.
- Covers custody and visitation only — not property, support, or other divorce issues not related to the children.
- Non recommending model — if no agreement is reached, the assigned court date moves forward with the judge.
- Attorneys wait outside — in LA County, attorneys are not present during the FCS session itself, though they are available to you before and after.
- Limited confidentiality Timeline— The typical timeline for a first court appearance in Los Angeles County is three months. Many times if there is substantial evidence or complex issues, the judge or one party may request a continuance which will be scheduled for two or more months. This means you may go six months before a judge hears the evidence in your case.
What Is Private Mediation?
Private mediation is a voluntary process you arrange independently — typically with a professional mediator (or an attorney-mediator like Jessica Bacosa) — to resolve custody, support, property, and any other issues in your case. You are not required to be in active litigation to use private mediation, and private mediation is not connected to the court.
Side-by-Side: How They Compare
| Court Mediation (FCS) | Private Mediation | |
| Cost | Free | Varies; typically $250–$500/hour |
| Session length | 45 min | Multiple sessions; 1.5–2 hrs each |
| Issues covered | Custody & visitation only | All issues: custody, support, property |
| Recommends to judge? | No | No — mediator never reports to court |
| Attorney present? | Not in session | Yes, attorneys may participate |
| Confidential? | Yes | Fully confidential (Evid. Code §1119) |
| Mediator chosen by you? | No — court assigns | Yes — you choose your mediator |
| Outcome | Agreement or judge decides | Agreement or return to court option |
| Timing | Court-ordered, set by court | Flexible — scheduled by parties |
| Issues covered | Custody & visitation only | Can cover all or part of a case including custody, visitation, property, support and other issues. |
When Does Private Mediation Make Sense Even If FCS Is Required?
If your case is already in LA Superior Court, you will likely still have to go through FCS — it’s a mandatory step. But that doesn’t mean private mediation has no role. There are several situations where private mediation makes a lot of sense alongside or before the FCS process:
- Before filing. If you haven’t gone to court yet, private mediation can help you reach a custody agreement without ever involving the court — avoiding FCS entirely.
- To prepare for FCS. A private mediator can help both parents work through the key issues and think through their positions before the FCS session, so they’re more likely to reach agreement and avoid a recommendation.
- For complex custody situations. If your family has a complicated schedule, a child with special needs, or significant disagreements about relocation or schooling, a brief FCS session may not be enough time. Private mediation gives you the space to work through those details thoroughly.
- After FCS, to resolve what FCS couldn’t. If a FCS recommendation doesn’t feel workable, private mediation can sometimes help parents reach a modified arrangement both can live with before a court hearing.
- To cover issues not covered by FCS mediation such as property division, child support and spousal support
A Note on Attorney Presence
In private mediation, your attorney can be present and actively involved — advising you in real time, reviewing proposed language, and making sure you understand the legal implications of what you’re agreeing to. This is not typically how FCS works.
At Bacosa Family Law, we offer private mediation sessions and also provide limited-scope attorney support for clients preparing for or navigating the FCS process. You can read more about mediation here. Whether you want full mediation services or just someone in your corner as you go through a court-required process, we can help you figure out the right approach for your situation.
| Questions about the mediation process? Let’s talk. Call or text 747.230.7163 for a free consultation · bacosafamilylaw.com/contact |