What Will We Discuss in Mediation?
Before we begin mediating, it can be helpful to think about the range of topics we might need to discuss so you can come into the first session somewhat prepared for what to expect.
Here’s a list of items we may need to cover as we discuss your separation agreement and / or parenting plan.
Keep in mind that this list is meant to encompass a wide range of situations and most couples won’t need to discuss all of them. You might find that many items don’t apply to your situation or that you’re in agreement about many of the topics.
Possible Mediation Topics
Property Allocation
Assets
Identification of all assets
Classification of assets as martial or separate
Evaluation and date for valuation of assets
Distribution
Martial residence
Who, if either, stays? If retained by one, what and when paid?
If to be sold, when? Sales price? Division of proceeds?
Other real property
Time share / weekend house – sell, share, or buy-out?
Acreage
Liquid assets
Bank accounts
Investments – mutual funds, stocks, bonds
Life insurance (cash value)
Retirement funds / pension
Employee benefits
Bonus / deferred compensation
Stock options
Business interests
Other property
Automobiles
Equipment
Livestock
Household furnishings / personal effects
Pets
Liabilities
Credit cards
Student loans
Other debts
Spousal assistance
Spousal support (maintenance / alimony)
Amount
Duration
Cost of living adjustments
Modification for future changes
Co-habitation definition, effect
Spousal health insurance
Tax ramifications
Capital gains issues (from sale of marital home or other assets)
Plans to file for current / future years
Other financial issues
Life insurance: what is needed to underwrite future obligations?
Legal representation: utilized or waived?
Mediation, court, and counsel fees: how to handle?
Dispute resolution: mediation and / or arbitration clause for future issues?
Religious divorce: any provisions required?
Parenting Issues
Schedule
School evenings, weeknights, weekends
Three-day weekends
School recesses – winter, spring, summer
Holiday celebrations
Mother’s Day / Father’s Day / birthdays (parents and children)
Electronic access to children
Transportation between households
Travel away from home with children
Changes to the schedule at future times
Decision-making
Joint agreement, consultation, or sole authority for decision on:
Education
Extracurricular/weekend activities
Medical care (non-emergency or elective)
Religious upbringing
Child-care providers
Electronics / screen time
Access to information
Mechanisms for sharing information about the children
Receiving records and reports from physicians, dentists, etc.
Receiving reports and notices from schools, teachers, etc.
Protocols
Expectations for visits, cancellations
Standards for parental interactions
Relocation
Rules or adjustments for change of children’s residence
Survivorship
Interactions with family members if one parent passes away
Guardians in the event of the death of both parents
Significant others
Introduction of new partners to the children
Children’s expenses
Contribution towards basic needs
Calculation of needs: by budget or by CSSA guidelines
Adjustment upon emancipation of each child
Cost of living adjustments
Modifications at future time / upon each child’s emancipation
Educational costs
Extracurricular activities
Summer camp / activities / lessons
Private school tuition
College tuition and costs
Medical costs
Health insurance: whose plan? Who pays? What reimbursement procedures?
Uncovered expenses and deductibles
Child care
Costs for both parents to work
Child tax credits
Allocation of annual benefits