---
title: "Prepare the issue list for a custody mediation paper"
url: "https://ailawframework.com/practice/family-law/draft-a-mediation-or-family-dispute-resolution-position-paper-from-the-d/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A16-A20260923-1-US"
practice_area: "Family Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare the issue list for a custody mediation paper

> From the disclosure file, list the contested custody or visitation issues and the page of each supporting document. Write no sentence of the paper that will go to the mediator.

Canonical page: https://ailawframework.com/practice/family-law/draft-a-mediation-or-family-dispute-resolution-position-paper-from-the-d/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the disclosure file, list the contested custody or visitation issues and the page of each supporting document. Write no sentence of the paper that will go to the mediator. |
| What the lawyer must review | Family Code § 3170(a) requires the court to set contested custody or visitation for mediation when the contest appears on the face of the petition, application, or other pleading. Section 3170(b) requires domestic-violence cases to be handled by Family Court Services under a separate written protocol approved by the Judicial Council. Evidence Code § 1119 provides that evidence of what is said in a mediation, a writing prepared for the mediation, and communications in the mediation are confidential and are not admissible or subject to discovery in a noncriminal proceeding, except as that chapter provides. You write the paper. You do not put the mediation file into a tool that discloses it outside the firm. Opinion 512 and Model Rule 1.6 are the same point. |
| Written for | United States |
| Applies to | [Draft a mediation or family-dispute-resolution position paper from the disclosure file](https://ailawframework.com/practice/family-law/draft-a-mediation-or-family-dispute-resolution-position-paper-from-the-d.md) |

## Checking plan

- What the AI does: From the disclosure file, list the contested custody or visitation issues and the page of each supporting document. Write no sentence of the paper that will go to the mediator.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 1119 yields where that chapter says so. Read the exceptions in the chapter before you assume a sentence can be used later in court.
- Mediation of custody is a California requirement under § 3170. Another state may not mediate, or may mediate under a different privilege.

## Sources

- [California Family Code § 3170 (mediation of contested custody or visitation)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3170.) (checked 2026-10-22)
- [California Evidence Code § 1119 (mediation confidentiality)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1119.) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Section 60I and section 66H certificate checklist before a parenting application](https://ailawframework.com/precedents/family-law/section-60i-prefiling-checklist.md) | Checklist | Yellow | A file note of whether a section 60I or section 66H certificate is on the file, which single category it uses, and whether the last attendance or attempt is inside 12 months. |
| [Genuine steps certificate (family law)](https://ailawframework.com/precedents/family-law/form-fcfcoa-genuine-steps-certificate.md) | Form | Yellow | Link to the family law Genuine Steps Certificate, filed with an initiating application or a response to confirm pre-action procedures in Schedule 1 of the Family Law Rules 2021. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*