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Topics to Cover in Mediation

TOPICS FOR DISCUSSION IN MARITAL MEDIATION
FOR INCLUSION INTO PROPERTY SETTLEMENT AGREEMENT

The following outline includes issues that are typically included in a property settlement agreement prepared by the Mediation Center, Inc.

Husband:
Wife:
Date of Marriage:
City & State:
Children’s names & DOB’s:
Date last lived together:
Last joint address:

Mediator disclosures:
(1) (s)he does not provide legal or financial/tax advice;
(2) any mediated agreement affects parties’ legal rights;
(3) (s)he encourages each party to consult with independent legal counsel at any time, and
(4) (s)he especially encourages each party to have individual, independent attorneys review any draft agreement prior to signing it or that each party should specifically waive the opportunity to do so since the agreement could have binding legal consequences on each party

The following are the matters that should be considered to be included in the terms of an agreement:

1) Living Separate Without Interference.

2) Real Estate.
a) Rented?
b) Owned?
c) Who stays there for how long?
d) Who pays what? Mortgage/upkeep/taxes/utilities/etc.

3) Automobiles.
a) Who has what Yr, make & model?
b) Who keeps which?
c) Who pays liens if any?

4) Other Tangible Personal Property.

5) Bank Accounts.

6) Retirement Plans, Other Assets & Benefits.

7) Omission of Property or Issues.

a) The mediator cannot ethically be responsible to assure that all issues are covered, only an attorney can do that?

8) Future Debts.

9) Credit Cards & Other Debts Assumed.

10) Caring for Children.
a) What is your parenting plan/schedule

11) Child Support.

12) College

13) Dependency Exemption and Other Tax Provisions*.

14) Insurance.
a) Health
b) Life

15) Spousal Support.
a) How much for how long?
b) What factors will trigger an adjustment and what kind of adjustment?*

16. Taxes*
a. joint filing/separate
b. refunds/penalties any past taxes owed

16) Subsequent Divorce & Effect of this Agreement.
a) Do you want the divorce judge to be able to change your agreement?

17) Disagreements.
a) Mediation
b) See Attorneys fees below

18) Effect of Reconciliation.
a) Do we want the agreement to remain binding even if we are deemed reconciled?

19) Additional Instruments:
a) Will we agree to sign over titles, release waived rights, etc.?

20) Entire Understanding.
a) Are there any “side” deals or agreements which we aren’t including in this document?

21) Attorney’s fees.

a) Who pays what, when, why and how much?

22) Binding Contract.
a) Binding when?
b) Is this agreement to be only our moral agreement until after we’ve had it reviewed by our attorneys?

23) Other issues:

* A financial planner or accountant may need to be consulted for the current law and/or ways to best benefit with tax law on divorce issues to allow maximum advantage to each party.

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