Mediation Checklist

Consultation Checklist

Going through a divorce is never easy. Even in the best-case scenario, the divorce process might make you feel worn out and overburdened. Choosing the route of divorce mediation instead of litigation is an excellent first step in ensuring a less turbulent, quick, and cost-effective divorce as far as possible.

Divorce mediation is by far the most commonly suggested method for achieving marital divorce agreements. Judges, legal professionals, and mental health specialists agree that an interactive and affordable mediation process can lessen divorce’s financial and emotional toll while producing legal results that are nearly always preferable to the litigation process.

The good news about getting ready for mediation is that a skilled mediator will probably offer you a list of things (mainly documents) to carry to the first discussion and a synopsis of how the day will operate and what to expect. The mediator will usually request that you and your spouse provide particular documents before the mediation (typically digitally).

Items of Discussion during Mediation

Your mediator will probably create a list of things to cover during the session using the facts they have acquired about you during mediation preparation. Although each mediation is unique, you should be ready to cover the following topics:

Child Custody: Learn a little about the fundamentals of child custody before mediation and become acquainted with the phrases the divorce mediation expert will use during your session. If necessary, ask your mediator ahead of time about the legal aspects of child custody and what type of custody options may be available to the co-parents.

Child Support: Your mediator should be familiar with the state’s child support requirements and will typically follow the formula to establish the final child support amount. Prepare a discussion of any costs specific to your children, such as out-of-pocket medical bills or payments for extracurricular activities and the allocation of child tax credits among the parents.

Debt & Division of Property: Both partners will likely create a property and financial worksheet before mediation. You’ll decide during talks which assets are part of the marital property and which, if any, belong to each spouse separately. Following that, the divorce mediator will assist you in deciding how to divide your shared assets.

Spousal Support: Before going to your mediation session, you should thoroughly examine your income and financial commitments if you think you’ll require spousal support (also known as “alimony” or “maintenance”). If you don’t know where to begin, a divorce lawyer can explain the support computations and rules in your state to you.

Insurance Coverage: All of your insurance policies, including your medical, auto, property, and umbrella policies, should be discussed in terms of ownership and potential transfers. Make sure you’re prepared to discuss how each of you will continue coverage. In any divorce, health insurance typically becomes a key concern for at least one party.

Retirement Accounts: Retirement savings are frequently a couple’s primary financial resource after the marital home. It might be challenging to divide retirement funds during a divorce. Before going to mediation, each spouse must reveal their 401(k), 403(b), pension, and any other retirement accounts to the other. In most cases, a “domestic relations order” or “qualified domestic relations order” (QDRO) is required to share a retirement account (DRO). If you want an order made for you, you and your spouse may have to employ a QDRO preparation service or a pension specialist.

Further Communication: The divorce mediator will assist you in ironing out the specifics. Based on this, you must be ready to talk about what happens if someone doesn’t comply with the terms of the agreement, the process to share tax details, who will shoulder the legal costs, how to settle disagreements, and the best communication channels moving forward.

Other Issues: Consider any extra challenges that are specific to your family. Are they a point of contention now, or will they be in the future. By discussing them now, you can prevent problems down the road.