How To Prepare For Divorce Mediation

Follow this guide below to properly prepare yourself for an upcoming mediation process.

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.

Preparation Tips For Divorce Mediation

Finding the best mediator, making your children a priority, and gathering all your financial records are just a few of the steps to take before going through mediation. Use the following tips below.

1. Find An Experienced Divorce Mediator

One of the most important choices you’ll have to make at this time is determining the best mediator for your process. While issues will be sensitive and personal, there will be even deeper issues if there are children involved. Your mediator should be someone you feel comfortable with throughout the process and trust to reach the appropriate agreements.

Trusting the mediator means both sides will have confidence in that person’s ability to handle all the issues as a professional. Look for a mediator who has a strong background in dispute resolution.

Do extensive research prior to choosing a mediator. Find out if he or she has published any articles or is a leader in the field. Determine the associated costs, then meet with the person to see if this is a good fit for all parties. Contact the experienced team at High Desert Family Law Group for more information today!

2. Make Your Children The Top Priority

Protecting the health and well-being of your children should always be the number one priority heading into mediation. Unlike a traditional litigated divorce, mediation gives you and your former spouses the opportunity to control your children’s future.

It’s crucial to approach mediation with a willingness to find resolutions on child-related issues that work for everyone involved. Mediation provides a pathway toward a healthy co-parenting relationship.

Your ability to communicate with one another following a divorce has an enormous impact on the children. Always keep them at the forefront of your mind when entering mediation.

3. Organize Financial Information

Your mediator will be able to guide you to gather all appropriate information needed for the process. During mediation, both parties will be asked to bring financial information with them.

This “voluntary disclosure” process is quite simple as it involves identifying assets, income information, and any current debt. You also must identify any loans or credit cards.

As opposed to litigation, both parties will not have to endure a “formal legal discovery” process. However, hiding assets during these talks can end in harsh consequences.

4. Take Care Of Yourself

Of course, everyone has the right to take care of themselves during mediation. In fact, doing so will help all parties reach better agreements.

It’s always wise to try to reduce stress and find some peace during this process. The truth is, you can only do so much to prepare for mediation so it’s best not to stress too much ahead of time.

What Is Discussed In Divorce 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.

Conclusion

While each and every divorce mediation process differs, most couples can expect mediation to be completed in one to six months. The length of this process typically depends on the specific issues and complexity. Of course, the more willing each couple is to compromise, the faster the mediation will go.

To learn more about the mediation process, contact the team at High Desert Family Law Group today!

Source: “How To Prepare For Divorce Mediation” Michael Aurit https://apfmnet.org/how-to-prepare-for-divorce-mediation