The parties may stipulate to use a private mediator or the Court may order the use of a private mediator. Rules 5.10.3, and 5.10.4 E, F, G, H, I, J and K apply to the use of and recommendations of a private mediator. If the parties elect to participate in confidential private mediation and are unable to reach an agreement, the parties must participate in a non-confidential private mediation or schedule and participate in a meeting with FCS mediator before the matter is heard by the Court. The mediator will then prepare and submit recommendation with reasons for the recommendation to the Court before the custody hearing.
