Mediation is designed to help people reach an amicable resolution outside of court. Both parties work together with a neutral mediator to discuss and resolve their issues. Knowing what to expect and what to bring can help make the process smoother and more effective.

What to Expect in Mediation

• Initial Setup: The session usually starts with the mediator explaining the rules and goals of mediation.
• Discussion Phase: Each party will have the opportunity to present their side of the story when and where appropriate. Sometimes this is in the beginning; sometimes it is during the discussion of a certain issue.
• Issue Identification: Together, you will identify all the issues that need resolution.
• Negotiation: With the mediator’s help, you’ll work through each issue, seeking to find common ground.
• Agreement Drafting: If agreements are reached, the mediator will help draft them into either a preliminary settlement form or a complete agreement.
• Conclusion: The session can end with a full agreement, partial agreement, or plans for follow-up sessions.

What to Bring to Your Mediation Session

Having the right documents on hand can be crucial for a productive mediation session. Here’s a checklist of what to bring (or have access to during mediation):

Financial Documents:

• Income Verification: Recent pay stubs, tax returns for the past 2-3 years.
• Account Statements: Bank, retirement, investment accounts.
• Debt Information: Credit card statements, loan documents.

Property and Assets:

• Real Estate: Property deeds, mortgage documents. Any recent appraisals (or a printout from Zillow or another comparable website).
• Account Statements: Bank, retirement, investment accounts.
• Vehicles: Registrations, loan documents, Kelly Blue Book value for each car.
• Valuables: Appraisals for jewelry, art, etc.

Legal Documents:

• Existing Orders: Any court orders or agreements regarding custody, support, or divorce.
• Relevant Pleadings and Motions: Documents pertaining to ongoing legal actions or current orders you are asking to be modified.

Insurance Documents:

• Policies: Health, life, and property insurance documents.
• Health Insurance Cost Breakdown: Make sure to bring the documentation (you usually get from HR) that breaks down the cost of each plan and what is attributable to the employee, spouse, and family.

Child-Related Documents (if applicable):

• School and Medical Records: Documents that reflect educational and health considerations.
• Childcare Costs: Documentation of childcare expenses.

Preparation Tips:

• Organize Documents: Have all documents organized and ready to reference.
• List of Topics: Prepare a list of issues you believe need resolution.
• Questions for the Mediator: Write down any questions you have about the mediation process or specific issues.

Conclusion

Mediation is an effective way to handle disputes with discretion and dignity. Coming prepared with the right documents and knowing what to expect will help you engage fully in the process and work towards a satisfactory resolution.