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Going through mediation
Step 1: Intake and screening
Step 3: Share your financial information
Step 1: Intake and screening
- Once you agree to mediate and choose a mediator, the mediator will see you and the other person separately for intake and screening.
- This step is to make sure that both of you are in an equal negotiating position. The mediator conducts screening during the intake stage and throughout the mediation process to ensure the ongoing safety of the persons entering mediation
Step 2: Agreement to mediate
Step 3: Share your financial information
Step 1: Intake and screening
At this step, you will enter into an agreement to mediate which will set out the details of your mediation, such as:
- whether your mediation is open or closed.
- which issues you will mediate
- which information you will disclose, and how
- schedule of mediation
- financial arrangements for mediation
You and the other person must sign the agreement to mediate before you begin mediation.
Step 3: Share your financial information
Step 3: Share your financial information
Step 3: Share your financial information
Before you enter mediation, you and the other person should exchange financial information so the process is fair. Your mediator can help you decide what information you need to share. This usually includes information about:
- income
- property
- assets
- debts
A court financial statement form (Form 13 or Form 13.1) can be a useful template for gath
Before you enter mediation, you and the other person should exchange financial information so the process is fair. Your mediator can help you decide what information you need to share. This usually includes information about:
- income
- property
- assets
- debts
A court financial statement form (Form 13 or Form 13.1) can be a useful template for gathering the financial information you need for the mediation, and you don’t have to file it with the court.
Going through mediation
Step 4: Mediation
Step 5: After you reach an agreement
Step 5: After you reach an agreement
When you begin mediation, you and the other person will meet with the mediator to explain both sides of your issue.
Family mediation sessions take place when everyone is available. The length of time and number of sessions will depend upon many factors, such as:
- number and type of issues
- level of conflict among the participants
- degree of communication and cooperation
Step 5: After you reach an agreement
Step 5: After you reach an agreement
Step 5: After you reach an agreement
Your mediator puts what you and your partner agreed on in a document. This document is sometimes called “minutes of settlement” or a “memorandum of understanding”.
Step 6: Separation Agreement
Step 5: After you reach an agreement
Step 6: Separation Agreement
Each individual should take the Memorandum of Understanding document to their own lawyer for independent legal advice. At this point the process of drafting a Separation Agreement based on the Memo of Understanding begins. Your lawyer will ensure that there has been complete financial disclosure and that the formalities of execution are in compliance with the Family Law Act.