Mediation_Memo

Mediation Memo Family Law and Mediation Tami Daniels 01/16/2012 Mediation Memo “The ultimate goal of divorce mediation is to help the couple communicate openly, honestly and civilly in order to resolve any conflicting issues and develop a mutually accepting divorce agreement that considers the needs and concerns of the entire family, an agreement that each is willing to honor in the years to come.” () In order for David and Angela to meet a mutually accepting divorce agreement, they will have to meet with a mediator for approximately five to six sessions. This will allow enough time to resolve any of their disputes whether it is financially, emotionally, etc. In the upcoming sessions, a co-parenting plan can be accomplished, a budgeting agreement can be reached, property division can be resolved and any other underlying disputes they may have. There are no signs of any emotional, physical or sexual abuse that neither couple has expressed as a concern in their marriage nor has there been a drug or alcohol abuse by either party. Therefore, this eliminates the need for extra sessions. The first session will involve the gathering of any background information and confirming the explanations and answers on their intake forms. At this time, an Agreement to Mediate will need to be signed by both parties. The second session will involve a discussion of a co-parenting plan that will work well for both parties. This particular issue is usually dealt with early in the mediation process because it impacts other major divorce issues such as spousal support, child support and property division. During this session or before the next session, a financial affidavit will need to be signed. The third session will consist of the signed financial affidavit form that is required by the State and any asset or liability expenses formed by both parties. This will give the mediator an idea as to the total family income and how to share that income between two households. Ideas should be shared as to how income can be improved and how liability can be decreased. Child support and spousal support will also be discussed at this session as well as property division. By the time the fourth session is entered, David and Angela should have reached a workable agreement regarding the parenting plan and a family budget that will include all child and spousal support. The issue of health and life insurance will be discussed during this session along with allocation of tax credits and exemptions for each party. The issue concerning the children’s college tuition or any other financial issue either party feels is necessary to discuss or resolve will be shared at this time. An extra session may be needed if there have been any unresolved issues that haven’t been agreed upon but I think five sessions should cover the mediation. Before the fifth and final session occurs, a draft of the final Marital Settlement Agreement will be sent to each party for their review and comments. If there are in fact any changes that David and Angela want to work on, this session will allow time for that. If there are no changes needed, the Agreement will need to be signed by both parties. At this time, David and Angela will clarify the divorce proceedings with the mediator and ask any last minute questions or concerns.