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Family Law Keyed to Weisberg
McLaughlin v. Superior Court
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
California civil code requires prehearing mediation of child custody and visitation disputes in marital dissolution proceedings, providing that if the parties fail to agree in the proceedings the mediator may render a recommendation to the court as to the custody or visitation of the children involved. Respondent Superior Court had adopted a local court rule that requires the mediator to make a recommendation to the court if the parties fail to agree in the mediation proceedings, but prohibits cross-examination of the mediator by the parties. Petitioner Thomas McLaughlin and real party in interest Linda McLaughlin were married in 1969. They had three children, and upon divorce the wife requested joint legal custody as well as physical custody. Husband applied for temporary custody with visitation to the wife. At a hearing to show cause petitioner’s counsel recited his understanding that the pending issues of temporary custody and visitation were to be referred for mediati on. He claimed that insofar as the court permits the mediator to make a recommendation for the court and bars the introduction of any testimony about what the parties tell him, the mediation procedure is unconstitutional as a denial of the right to cross-examine. On that ground counsel moved for a protective order permitting the mediation proceedings, but providing that if they did not result in agreement the mediator would be prohibited from making a recommendation unless petitioner was guaranteed the right to cross-examine the mediator. The court denied the motion on the ground that it would violate a policy the court had adopted pursuant to the civil code. Petitioner commenced the present proceeding by petitioning this Court for a writ of prohibition restraining respondent court from requiring petitioner to submit to the mediation without a protective order prohibiting the mediator from making a recommendation absent the right to cross-examine the mediator. The Court denied th e petition, and petitioner appealed to the California Supreme Court. The Supreme Court returned the case to the court of appeals for a hearing on the issue of the constitutionality of the practice of mediator recommendations.
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