Free FL035 - California


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State: California
Category: Court Forms - Local
Author: FL15
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http://www.sonomasuperiorcourt.com/forms/pdf/FamilyLaw/FL035.pdf

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address, Telephone Number, State Bar membership number):

For Court Use Only

ATTORNEY FOR: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA

Civil & Family Law Courthouse, Family Law Division 3055 Cleveland Avenue Santa Rosa, CA 95403
Plaintiff/Petitioner:

Defendant/Respondent STIPULATION AND ORDER APPOINTING PRIVATE MEDIATOR Sonoma County Rule 9.11 E. Case Number:

THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. ___________________________________________ is appointed Private Mediator under Evidence Code

'730, Code of Civil Procedure '1280, et seq., and Code of Civil Procedure '638. 2. Private mediation shall satisfy the requirement for mandatory mediation pursuant to Family Code '3160 in

this proceeding and be subject to each provision affecting mediation proceedings as set forth in Family Code '3160 through Family Code '3186. 3. 4. Private Mediation is subject to all Sonoma County Local Rules effecting custody mediation proceedings. The appointed Private Mediator shall verify by signature of this Stipulation and Order that he or she meets

the minimum qualifications as set forth in Family Code '3164(b). 5. Absent a separate written stipulation between the parties, the Private Mediator shall not serve as a

psychological evaluator or custody evaluator in this case. 6. Quasi Judicial Immunity : The Private Mediator is an Officer of the Court. The Private Mediator has quasi-

judicial immunity. The Private Mediator cannot be sued based on his or her actions in this matter. Writings or testimony by the Private Mediator shall not constitute a waiver of the Private Mediator's quasi-judicial immunity. 7. By signature of the parties and counsel to this proceeding, each affirms that as of the date of signature

each of the following has occurred: a. The terms of compensation to the Private Mediator have been confirmed between the mediator and each party in writing.

FL035 Effective March 1, 2008

STIPULATION AND ORDER APPOINTING PRIVATE MEDIATOR

Sonoma County Rule 9.11 E.

b. Each party has the ability to meet his or her obligation to compensate Private Mediator according to the terms set forth by the Private Mediator. Case Name: ______________________________________________ Case Number: _____________________

c. Mediator.

Each party is aware of the office location, telephone number and hours of operation of the Private

d. Each party has resolved any potential conflicts of interest between the Private Mediator and the parties to the action or between the Private Mediator and the attorneys of record in the action. e. Each party has confirmed with the Private Mediator that the private mediation proceeding, including the service of any resulting written recommendations to the all parties, counsel and the Court, will be completed no later than five court days prior to the scheduled hearing of the proceeding. 8. The Court shall reserve jurisdiction to determine if either or both parties and/or the Private Mediator shall

ultimately be responsible for any portions or all of said Private Mediator's time and costs incurred in this proceeding. 9. A copy of this Order shall forthwith be delivered to Family Court Services by _____________________.

DATED: ______________________

___________________________________________ Petitioner ___________________________________________ Attorney for Petitioner ____________________________________________ Respondent ____________________________________________ Attorney for Respondent

DATED: ______________________

DATED: _______________________

DATED: _______________________

AGREEMENT TO SERVE: I, ___________________________________, agree to serve as Private Mediator in the above- entitled case. My business address is __________________________________________________________________________.

DATED: __________________________

__________________________________________ Private Mediator

IT IS SO ORDERED.

DATED: ___________________________

__________________________________________ Judge of the Superior Court

FL035 Effective March 1, 2008

STIPULATION AND ORDER APPOINTING PRIVATE MEDIATOR

Sonoma County Rule 9.11 E.