Mediation Week on October, 2024: What do I need to bring into a mediation for divorce?

Mediation Week 2024.

Sponsored Deals

As an Amazon Associate I earn from qualifying purchases.

Mediation is typically not a trial or hearing. Its an informal attempt to settle out any disputes or resolve any differences the parties have in a case.

Since we don't know where this is going on, I'll try and answer this generically.

In a family law case, the parties are expected to appear at the mediation and meet with the mediator in good faith. Good faith is typically considered appearing and at least listening to what has to be said or has to be replied to.

A mediator is supposed to facilitate communications and a settlement between parties so that they can reach an agreement concerning the division of their finances such as cash, IRA's, 401(k)'s, pensions, homes, cars, bank accounts, furniture and anything else that has to be divided to complete the divorce.

If there are children involved the mediator is going to try and hammer out a custody order whether it is sole, joint, shared, or whatever, and who the child will live with and try and settle on a reasonable amount of child support and visitation schedules along with parenting responsibilities.

I would suggest bringing with you the following: (1) any financial affidavits in your possession which were or are about to be filed with the court; (2) any bank account statements reflecting current balances as of the date of separation; (3) a list of personal property that is owned before marriage (separate property) and acquired during the marriage; (4) a list of real estate that is owned before marriage (separate property) or acquired before marriage.

If either of you has received an inheritance or are beneficiaries under a trust, you should note that this is probably separate property unless you commingled it with other finances.

When you show up you will be discussing your points of view each in front of the mediator and to each other. Then the mediator will meet with each of you, separately, privately and discuss the strengths and weaknesses of your demands and try and get the two of you to come up with a mutually agreeable division of property and support/custody/visitation schedule.

If alimony or spousal support is also on the table, the mediator will discuss that as well.

If you two come to an agreement as to how to do everything and divide up property, handle children issues, etc, then the mediator will help you reduce that to a written agreement which if you both sign it and agree to it, is usually binding and results in a final decree of divorce.

If you are not sure, you don't have to agree with anything. You can walk out if you don't think anything will come of it, after giving the mediator a fair chance.

Going to Mediation next week, my ex didn't like the last mediator we had...?

The benefit for MEDIATION is you learn new tools to deal with each other since you both SUCK at marriage. Either HUBBY can grow up and work with the poor bastard that has to filter through your mess or have the BIG GUY in the Black rob and HAMMER tell him WHAT to do, now grow up and get it fixed

What happens during mediation (custody issues)?

Mediation is not binding. You still get to have a court decide if you don't agree to a plan. A judge can order you back into mediation but, eventually, you have to have your day in court.

EDIT: Johnjingle99 is right: Mediation can be binding if you have agreed to binding mediation. Review anything you've signed.