189 Cal. Rptr. 479 (1983)
As part of dissolution proceedings, petitioner father and real party in interest mother has a custody dispute, so respondent superior court directed the parties to submit their temporary custody dispute to mediation, pursuant to the Cal. Civil Code § 4607, and denied petitioner's motion for a protective order. When petitioner sought a writ of prohibition to retrain respondent, the court issued a peremptory writ of mandate, permitting the mediation proceedings, but directing respondent not to receive a recommendation from the mediator on any contested issued unless it first issued a protective order to guarantee the parties the right to have the mediator testify and to cross-examine on the recommendations, unless the parties waived this right.
- The court held that the policy of not allowing cross-examination was constitutionally invalid, because it permitted respondent to receive a significant recommendation on contested issues but denied the parties the right to cross-examine its source.
- Further, the court concluded that § 4607(a), which provided that contested issues of child custody and visitation be referred to prehearing mediation proceedings, was mandatory.
The court issued a peremptory writ of mandate, permitting the custody mediation proceedings, but directing respondent superior court not to receive a recommendation from the mediator on any issue contested by petitioner father or real party in interest mother, unless a protective order had been made to guarantee the parties the right to have the mediator testify and to cross-examine on the recommendation, or the rights had been waived.
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