Divorce Mediation Checklist: Key Steps to Prepare

Divorce mediation has become a preferred method of amicably dissolving a marriage. The number of couples opting for mediation services has increased dramatically over the years, with records demonstrating that nearly 90% of mediated divorce cases have settled successfully. Before you decide on mediation, there are a few things you may want to take into account.

Choose the Right Divorce Mediator

A divorce mediator is a neutral third party who works with both spouses to reach a divorce settlement agreement. A mediator does not represent either spouse and will not offer legal advice; however, it’s still wise to choose a mediator who is also a family law attorney or divorce attorney.

The complex financial and legal issues you will need to resolve during mediation require expertise that only comes with the experience possessed by professionals in the family law community.

It’s also important to learn how a potential divorce mediator will charge for their services. Most mediators charge by the hour, and some may charge a flat fee.

Lastly, you’ll want to choose a local divorce mediator. Divorce law varies across jurisdictions, so it’s best to work with a mediator who’s familiar with how cases are resolved in the jurisdiction where your case is filed. Mediation is also usually more effective in-person, though mediation can be done virtually. At BTL Family Law, our local office has multiple conference rooms for your comfort.

Consider How You Will Pay for the Mediation

As briefly mentioned above, some mediators charge by the hour, while some may charge a flat fee per mediation session. At BTL Family Law, we charge per hour and our attorneys reduce their normal hourly rate when serving as a mediator.

Typically, our professional mediation services can cost between $1,400.00 and $3,500.00. After an agreement is reached, if the parties choose to hire BTL to draft the formal documents for presentation to the Court, those would be an additional cost. These costs are typically split between each spouse, but it is important to discuss how these fees will be paid prior to attending mediation so there are no surprise bills at the end of the day.

Gather Documents and Information

Though the basis of mediation is one-on-one discussions with your neutral mediator, prior to mediation you will need to gather and review the relevant documents in your case so you can make decisions at mediation. It can also be helpful to have access to these documents during mediation to refresh your memory should there be a disagreement. You should comply with the requirements under the disclosure and discovery by, for example, researching and organizing the following information:

• List all assets
  • Bank account statements
  • Home and timeshare deeds
  • Retirement or pension account statements
  • Vehicle ownership and registration documents
• Compile current liabilities
  • Credit card statements
  • Mortgage loan information
  • Student loan statements
• Organize income and tax documents
  • Three recent pay stubs
  • W-2s or 1099 statements
  • Three of the most recent federal and state tax returns
• Gather all child and familial information
  • Prenuptial or marital contracts
  • Child Care Costs
  • Cost for Children’s Health Insurance
  • Medical bills and health insurance declarations

Make Mediation a Priority

For a mediation to be successful, it is important to be as prepared as possible going into mediation. A key part of being prepared that is often overlooked is simply making mediation a priority. The day mediation is scheduled, make sure you are prepared to focus on mediation. It is wise to block out the whole day, even if you are only scheduled for a half-day mediation in case you are close to reaching an agreement but it will take another hour or so to hammer out the final details. Also, make sure you have adequate childcare. As attorneys, we often find ourselves in mediations until 7:00 pm ironing out the final details of an agreement. It makes for a long day, but it is often worth the extra time to resolve a case.

Contemplate Your and Your Spouse’s Goals

Know your positions prior to attending mediation. Completing the Confidential Settlement Memos will help you think about your positions. But, in thinking about your position, also think about your spouse’s. Begin to think about where each of you are at on the applicable issues in your case and how you can reach an acceptable resolution. Do not be afraid to share this information with your mediator by, for example, including it in your Confidential Settlement Memos.