At the initial consultation basic information is gathered and the mediation process is explained. This gives you a chance to decide whether mediation and the mediator is right for you.
It is the mediator’s job to help the parties determine everything that should go into their separation agreement. This includes the division of marital property and debt, child and spousal support, custody and parenting issues, health and life insurance and pension and work benefit allocation.
At the first session the mediator work with both parties to determine the issues that need to be resolved. The mediator will give the parties budget worksheets and financial statements to complete. Recent tax returns and all account statements should be brought to mediation.
The mediator begins by helping the parties negotiate the issues of support. The mediator informs the parties about the Child Support Guidelines and then assists them in determining whether they wish to use those guidelines or calculate support in a different way.
The mediator helps the parents negotiate all possible parenting issues, current and future, based on the concept that both spouses will continue to be active parents to the children. You know your children better than anyone. With divorce mediation you, not the courts and judges, decide what is best for your children.
The mediator then helps to identify all matrimonial assets and assists the parties in determining the value and a fair distribution of the assets of the marriage. This may include pensions and/or the value of any degrees attained by a spouse during the marriage.
Once you have reached an agreement resolving all of the financial, support and custody issues an attorney drafts a Separation Agreement detailing the terms you have agreed upon. As an attorney, the mediator can draft the Agreement. The agreement is then filed with the uncontested divorce packet. The agreement becomes incorporated into the Judgement of Divorce.