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Your first mediation, step by step

What usually happens when a court sends your divorce or custody case to mediation: getting ready, the mediator’s opening, talking together and separately, the agreement, and what the judge does next. Drawn from family-court rules and court mediation programs.

INFOGRAPHIC · YOUR FIRST MEDIATIONYour first mediation, step bystep: nothing is settled unlessyou both agree.What usually happens in a court-connectedfamily mediation, from the court’s referral tothe judge’s order. Programs differ; eachexample names its state or court.1BeforeThe court refers you; you choose amediator or one is appointed.2OpeningThe mediator explains the process,confidentiality and fees.3TogetherEach of you gives your view; themediator helps you talk.4SeparatelyThe mediator meets each of you alonewhen it helps.5AgreementWritten down only if you both agree.6AfterA judge reviews it, or decides what’sleft.IN THE ROOMSources: 2, 33 · TogetherMediatorYouOther sideOne table: the mediator and both of you.4 · SeparatelyYouOther sideMediatorTwo rooms: the mediator goes back and forth.What stays privateSources: 1, 2, 4Usually confidential (Idaho rule; ContraCosta, Calif., Tier I).Suspected child abuse may have to bereported (California).Some programs report to the judge (ContraCosta Tiers II–III). Ask which kind yours is.What to bringSources: 3Colorado’s 4th District lists, if support orproperty is at issue: a sworn financialstatement, 3 years of tax returns, 3 monthsof pay stubs, retirement plan papers.After a divorce: your separation agreementand parenting plan.Who can comeSources: 1, 2, 3Colorado’s 4th District: any party may bringa lawyer; no children or other non-parties.Idaho custody cases: lawyers only if themediator or court asks.California custody cases: a support person.EXAMPLES FROM COURT RULES AND PROGRAMS1Before: Idaho: 28 days to choose a mediator,first session within 14 days. California custodycases: an orientation first. (Sources 1, 2)2Opening: Idaho’s rule lists what the mediatormust explain first, including when they willmeet with one of you alone. (Source 1)3Together: Colorado’s 4th District: each partyhas the chance to give their point of view.(Source 3)4Separately: California custody cases: with arestraining order or an abuse claim, you have aright to meet separately. Colorado’s 4th Districtmediates by video or phone, speaking to eachparty in turn. (Sources 2, 3)5Agreement: Idaho: the mediator writes downany agreement and advises you to get your ownlegal advice. Texas: a signed agreement thatsays it can’t be revoked is binding. (Sources 1, 5)6After: Idaho: the mediator tells the court onlythe outcome, such as agreement, impasse or ano-show. Colorado’s 4th District: the judge canadopt the written agreement as an order.(Sources 1, 2, 3)General information, not legal advice. Every courtruns mediation its own way; read your order and askthe program. Sources checked October 27, 2026.Infographic: MediationList.comINFOGRAPHIC · YOUR FIRST MEDIATIONYour first mediation, step by step: nothing issettled unless you both agree.What usually happens in a court-connected family mediation, from the court’sreferral to the judge’s order. Programs differ; each example names its state or court.1BeforeThe court refers you; you choose a mediator or one is appointed.2OpeningThe mediator explains the process, confidentiality and fees.3TogetherEach of you gives your view; the mediator helps you talk.4SeparatelyThe mediator meets each of you alone when it helps.5AgreementWritten down only if you both agree.6AfterA judge reviews it, or decides what’s left.IN THE ROOMSources: 2, 33 · TogetherMediatorYouOther sideOne table: the mediator and both of you.4 · SeparatelyYouOther sideMediatorTwo rooms: the mediator goes back andforth.What stays privateSources: 1, 2, 4Usually confidential (Idaho rule; Contra Costa, Calif., Tier I).Suspected child abuse may have to be reported (California).Some programs report to the judge (Contra Costa Tiers II–III). Ask which kind yours is.What to bringSources: 3Colorado’s 4th District lists, if support or property is at issue: a sworn financial statement, 3years of tax returns, 3 months of pay stubs, retirement plan papers.After a divorce: your separation agreement and parenting plan.Who can comeSources: 1, 2, 3Colorado’s 4th District: any party may bring a lawyer; no children or other non-parties.Idaho custody cases: lawyers only if the mediator or court asks.California custody cases: a support person.EXAMPLES FROM COURT RULES AND PROGRAMS1Before: Idaho: 28 days to choose a mediator, first session within 14 days. California custody cases: anorientation first. (Sources 1, 2)2Opening: Idaho’s rule lists what the mediator must explain first, including when they will meet withone of you alone. (Source 1)3Together: Colorado’s 4th District: each party has the chance to give their point of view. (Source 3)4Separately: California custody cases: with a restraining order or an abuse claim, you have a right tomeet separately. Colorado’s 4th District mediates by video or phone, speaking to each party in turn.(Sources 2, 3)5Agreement: Idaho: the mediator writes down any agreement and advises you to get your own legaladvice. Texas: a signed agreement that says it can’t be revoked is binding. (Sources 1, 5)6After: Idaho: the mediator tells the court only the outcome, such as agreement, impasse or ano-show. Colorado’s 4th District: the judge can adopt the written agreement as an order. (Sources 1,2, 3)General information, not legal advice. Every court runs mediation itsown way; read your order and ask the program. Sources checkedOctober 27, 2026.Infographic: MediationList.comINFOGRAPHIC · YOUR FIRST MEDIATIONYour first mediation, step by step: nothing is settledunless you both agree.What usually happens in a court-connected family mediation, from the court’s referral to thejudge’s order. Programs differ; each example names its state or court.1BeforeThe court refersyou; you choose amediator or one isappointed.2OpeningThe mediatorexplains theprocess,confidentiality andfees.3TogetherEach of you givesyour view; themediator helps youtalk.4SeparatelyThe mediator meetseach of you alonewhen it helps.5AgreementWritten down only ifyou both agree.6AfterA judge reviews it,or decides what’sleft.IN THE ROOMSources: 2, 33 · TogetherMediatorYouOther sideOne table: the mediator and both of you.4 · SeparatelyYouOther sideMediatorTwo rooms: the mediator goes back and forth.What stays privateSources: 1, 2, 4Usually confidential (Idaho rule; ContraCosta, Calif., Tier I).Suspected child abuse may have to bereported (California).Some programs report to the judge(Contra Costa Tiers II–III). Ask which kindyours is.What to bringSources: 3Colorado’s 4th District lists, if support orproperty is at issue: a sworn financialstatement, 3 years of tax returns, 3 monthsof pay stubs, retirement plan papers.After a divorce: your separation agreementand parenting plan.Who can comeSources: 1, 2, 3Colorado’s 4th District: any party may bringa lawyer; no children or other non-parties.Idaho custody cases: lawyers only if themediator or court asks.California custody cases: a support person.EXAMPLES FROM COURT RULES AND PROGRAMS1Before: Idaho: 28 days to choose a mediator, first session within 14 days.California custody cases: an orientation first. (Sources 1, 2)2Opening: Idaho’s rule lists what the mediator must explain first, includingwhen they will meet with one of you alone. (Source 1)3Together: Colorado’s 4th District: each party has the chance to give theirpoint of view. (Source 3)4Separately: California custody cases: with a restraining order or an abuseclaim, you have a right to meet separately. Colorado’s 4th Districtmediates by video or phone, speaking to each party in turn. (Sources 2, 3)5Agreement: Idaho: the mediator writes down any agreement and advisesyou to get your own legal advice. Texas: a signed agreement that says itcan’t be revoked is binding. (Sources 1, 5)6After: Idaho: the mediator tells the court only the outcome, such asagreement, impasse or a no-show. Colorado’s 4th District: the judge canadopt the written agreement as an order. (Sources 1, 2, 3)General information, not legal advice. Every court runs mediation its own way; read your order and ask the program. Sourceschecked October 27, 2026.Infographic: MediationList.com
Infographic: Your first mediation, step by step: nothing is settled unless you both agree.What usually happens in a court-connected family mediation, from the court’s referral to the judge’s order. Programs differ; each example names its state or court. The text version below has the same content.Download PNG · Embed · Text version · Sources

Sources

  1. Idaho Supreme Court: Idaho Rules of Family Law Procedure, Rule 602, Mediation of Child Custody and Visitation Disputes (amended eff. Jan. 1, 2026). Checked October 27, 2026.
  2. California Courts Self-Help Guide: “Custody mediation in cases with domestic violence”. Checked October 27, 2026.
  3. Colorado Judicial Branch: 4th Judicial District Mediation Office (El Paso and Teller Counties), “Frequently Asked Questions” (PDF). Checked October 27, 2026.
  4. Superior Court of California, County of Contra Costa: Family Court Services, “FAQs” (Tier I–III mediation). Checked October 27, 2026.
  5. Texas Legislature: Tex. Fam. Code § 153.0071, Alternate dispute resolution procedures (custody suits). Checked October 27, 2026.

Each rule, statute and court page was read in full on October 27, 2026. Court programs run mediation in different ways, so the examples name the state or court they come from; your own court’s order and program rules are what apply to you.

Text version

The same steps as text, with the examples.
  1. Before [1, 2]

    The court refers you; you choose a mediator or one is appointed.

    Example: Idaho: 28 days to choose a mediator, first session within 14 days. California custody cases: an orientation first.

  2. Opening [1]

    The mediator explains the process, confidentiality and fees.

    Example: Idaho’s rule lists what the mediator must explain first, including when they will meet with one of you alone.

  3. Together [3]

    Each of you gives your view; the mediator helps you talk.

    Example: Colorado’s 4th District: each party has the chance to give their point of view.

  4. Separately [2, 3]

    The mediator meets each of you alone when it helps.

    Example: California custody cases: with a restraining order or an abuse claim, you have a right to meet separately. Colorado’s 4th District mediates by video or phone, speaking to each party in turn.

  5. Agreement [1, 5]

    Written down only if you both agree.

    Example: Idaho: the mediator writes down any agreement and advises you to get your own legal advice. Texas: a signed agreement that says it can’t be revoked is binding.

  6. After [1, 2, 3]

    A judge reviews it, or decides what’s left.

    Example: Idaho: the mediator tells the court only the outcome, such as agreement, impasse or a no-show. Colorado’s 4th District: the judge can adopt the written agreement as an order.

Together: One table: the mediator and both of you. Separately: Two rooms: the mediator goes back and forth.

What stays private [1, 2, 4]

  • Usually confidential (Idaho rule; Contra Costa, Calif., Tier I).
  • Suspected child abuse may have to be reported (California).
  • Some programs report to the judge (Contra Costa Tiers II–III). Ask which kind yours is.

What to bring [3]

  • Colorado’s 4th District lists, if support or property is at issue: a sworn financial statement, 3 years of tax returns, 3 months of pay stubs, retirement plan papers.
  • After a divorce: your separation agreement and parenting plan.

Who can come [1, 2, 3]

  • Colorado’s 4th District: any party may bring a lawyer; no children or other non-parties.
  • Idaho custody cases: lawyers only if the mediator or court asks.
  • California custody cases: a support person.

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2026.10.28

MediationList. (2026). Your first mediation, step by step [Infographic]. https://mediationlist.com/infographics/your-first-mediation/

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