What is Mediation and What to Bring to Mediation

WHAT IS MEDIATION?

The role of the divorce Mediator is to create a safe, cooperative setting for you and your spouse to discuss issues and engage in collaborative problem solving.  The divorce Mediator will open lines of communication, help you gain clarity and a better understanding of your interests and those of your spouse.  The divorce Mediator will actively listen to you and your spouses’ stories, gather information to help you and your spouse clarify issues, facilitate negotiations, and if decisions are reached, help you and your spouse put them in writing.

The divorce Mediator will facilitate the communication and ensure that each party has the opportunity to be heard.  The divorce Mediator does not take sides, provide legal representation or make decisions like a judge would.  The divorce Mediator guides the process, allowing the parties to control the outcome and content of their agreement.

WHAT TO BRING TO MEDIATION?

Below is a checklist of items to have prepared for your session with the divorce Mediator:

Assets

• Biographical information for both spouses (names, addresses, contact information, marriage date, employment, & annual gross income for each spouse).
• Name and date of birth of each child you have together (regardless of age).
• Current balance statements for all bank accounts (checkings, savings, CDs, mutual funds, money markets).
• Current balance statements for all children’s accounts such as CDs, 529 college savings plan or other custodial college savings plans.
• Current balance statements for all stock and bond investment statements.
• Make, model and year of all vehicles owned and a statement of the private party value of each as listed on Kelly Blue Book.
• Information of any pending civil lawsuit claims in which either or both spouse are listed plaintiff(s).
• Statement of any outstanding loans or verbal promises to repay a loan in which one or both spouses are the creditor(s).
• Current statement of all retirement accounts owned by each spouse such as company pension plans, annuities, 401(k)s, 403(b)s, 457’s Thrift Savings Plans, TIAA-CREF, Traditional and Roth IRA’s, SEP IRA’s.  Note that some plans may need to be valued by a professional actuary for their present day market value.
• Statements of all other employment benefits such as stock options, incentive, profit sharing or cash balance.
• Statements for all real estate owned such as the primary residence, any vacation homes, timeshares, investment properties or vacant/unimproved land including:
  • Current market value appraisals
  • Deed
  • Promissory note
  • Mortgage
  • Statement from the lender showing the balance due
  • Property appraisals
  • Property tax bill
•  Personal property- approximate value of the contents of all homes owned, all jewelry, household items, art, antiques and other collectibles of especially significant value (i.e. stamp, coin collections).  Some items may need to be specially appraised for value if spouses cannot agree on value.
• Appraisals of all business owned or business ownership interests for their estimated current market value.
• Appraisals of all non-marital property which has increased in value since the date of marriage.

Liabilities

• Current balance statement for all mortgages, home equity loans or lines of credit held on any properties owned.
• Current balance statements, titles, promissory notes, payment coupons, and invoices for all motor vehicle loans.
• Current balance statement for all student loans.
• Statements for any other private loans, either verbal or with a written note, in which one or both spouses are the debtor(s).
• Current balance statements for all credit card accounts.
• Information on any pending civil lawsuits in which one or both spouse is/are a named defendant(s).
• Current balance statement of attorney’s fees.
• Current balance statement for other promissory notes.

Income

• Copies of pay stubs/income statement of each spouse for the previous six months of all W-2 or 1099 employment.

Taxes

• Copies of local, state and federal tax returns for the previous three (3) years and all corresponding W-2 or 1099 statements for both spouses.

• Copies of corporate tax returns for the previous three (3) years if one or both spouses have a business.

Insurance

• Declaration sheet for all life insurance policies held by either spouse or both spouses and a statement of the cash surrender value of any whole or universal life insurance plans.

• Declaration sheet for all disability policies held by either or both spouses.

• Declaration sheet for all health insurance policies held by either or both spouses.
• Alternatively, bank statements for medical savings accounts.

Other Related Marital Documents

• Copy of marriage certificate.

• Copies of any trust documents.
• Copies of all pre-marital and/or marital agreements in effect, such as any pre or post nuptial agreements.
• Copies of any wills executed during the marriage.