Divorce Mediation Checklist

You will be able to keep both costs and confusion at a minimum when you come to a divorce mediation session prepared. Use our complete checklist below.

What Is Divorce Mediation?

Divorce mediation is a common way to negotiate an out-of-court settlement between two parties seeking a divorce. In this process, you and your soon to be ex-spouse will hire a neutral third party mediator. The goal of mediation is to help both parties identify and resolve complicated divorce issues. It can be used to address a wide range of issues, including child support, parenting plans, division of assets and custody arrangements.

What To Be Ready To Discuss In Mediation

Your mediator will create a list of topics to be addressed during the session. While, of course, every mediation is different, you will want to be prepared to talk about the following items:

❒ Marital Property Division: Prior to attending the mediation session, both spouses should complete a detailed financial and property worksheet. During the negotiations, you will determine what property belongs to the marital estate and what belongs to the individual spouses. The mediator will then determine how to split any marital assets and debts.

❒ Spousal Support: If you believe you will need any spousal support (also referred to as “alimony” or “maintenance”), you need to do a deep dive into your income and other financial obligations prior to the session. A divorce attorney may be utilized to help you understand your state laws and calculations for the support.

❒ Child Custody: Before attending mediation, you should learn about the child custody basics and get familiar with all the necessary terms.

❒ Child Support: Your mediator needs to know the state guidelines for child support and will typically use this formula to determine the final child support amount. Come prepared to discuss any expenses that may be unique to the child, including out-of-pocket medical costs or fees for extracurricular activities. You should also possess each parent’s responsibility for child tax credits.

❒ Insurance: You will want to discuss the ownership and possible transfer of all policies you currently have, including medical, property, vehicle, and umbrella. During a divorce, health insurance is usually a big deal. Make sure you discuss how each of you will maintain the coverage.

❒ Retirement Accounts: Oftentimes, retirement accounts are a couple’s biggest asset. Dividing these accounts in a divorce can be very complicated. Both spouses will have to disclose 401k, 403b, pension, and any other retirement accounts during the mediation session.

❒ Future Relationship/Communication: Lastly, be prepared to talk about your future communication regarding any agreements, tax information, and legal expenses.

What To Bring To Divorce Mediation

Your mediator will most likely ask both parties to submit some information in advance of the session. Here is a quick list of what mediators typically want the parties to bring with them:

❒ All Contact Information.

❒ Your Calendar.

❒ Court Documents.

❒ Complete List Of Assets, Debts, And Property.

❒ Financial Statements.

❒ Payment.

❒ List Of Topics To Discuss.

What To Wear To Divorce Mediation

Refrain from showing up to any meeting wearing something provocative. The same goes for wearing high-priced clothing or flaunting a new engagement ring, which can only provoke your ex or lead to constant aggression during the meeting(s). Be courteous of the trying circumstances and come appropriately dressed to participate in a cooperative and relaxed manner.

Make sure your clothes are neat and you arrive early to mediation. Comfortable clothing is alright to wear, but if your outfit upsets your ex, it may be brought up in discussion. Mediation offers a calmness that differs from court proceedings, but you need to remain respectful at all times.

If both parties have decided to engage in a collaborative divorce, a business casual look will suffice. Business casual makes sense since you will be getting together with lawyers and other professionals in this setting.