A Guide to Divorce Mediation Checklists



 

Divorce Mediation Checklist


 



What Categories do Mediation Checklists Contain?



 



 



A divorce mediation checklist will vary from state to state, but there are general provisions within every checklist.  The categories can be different for court-ordered mediations and private mediations as well.  A private divorce mediation checklist will often be shorter than a court-order mediation, but not always.  



 



 



The general categories for a divorce mediation checklist are as follows:



 



 



• Division of Property



 



• Parenting Plan



 



• Child Support and Spousal Support



 



• Other Miscellaneous Financial Issues



 



 



Each of the categories listed above are extended below.  



 



 



Division of Property



 



 



During mediation, each property must sign a contract that states they will offer full disclosure of property, assets, and debts.  If either spouse breaks the contract, the case will often be brought to court a judge will not look kindly on the spouse’s actions of trying to conceal information.  If a spouse conceals property, the other spouse will probably receive the better settlement.  Some of the following things listed within the checklist for the division of property include:



 



 



1) Categories of Assets:



 



 



• Household furnishing



 



• Vehicles



 



• Personal Property



 



• Bank Accounts



 



• Accounts Receivable



 



• Stocks, Bonds, and Trusts



 



• Real Estate



 



• Life Insurance



 



• Business interests



 



• Pensions, IRAs, 401Ks, and more



 



 



2) Categories of Debts:



 



• Mortgages



 



• Loans on Life Insurance



 



• Personal Loans and Bank Loans



 



• Credit Card Statements



 



 



3) A procedure for the Division of Property, including:



 



• Identification of all property



 



• The valuation of all property



 



• Establishing Martial v. Non-Marital Property



 



• Dividing the Property



 



 



Parenting Plan



 



 



The parenting plan section of the divorce mediation check list will usually contain all of the following:



 



 



• Educational and medical records, teachers, and doctors of the children



 



 



• The decision making, notification, and legal consent for each spouse during a medical emergency



 



 



• Child’s living arrangements during the week, holidays, and vacations



 



 



• Pick-up and Drop-off arrangements



 



 



• Restrictions and notice for the change of residence 



 



 



• Major decision by each parent on education, medical treatment, religion, and safety



 



 



• Conditions for renegotiations and conflict resolutions 



 



 



Child Support and Spousal Support



 



 



A mediator will consider provisions usually accepted by a judge within the courtroom for spousal support and child support.  The mediator will work with each spouse to come to an agreement, and the child support/spousal support checklist usually contains the following:



 



 



• The budgeting of the child’s expenses and each spouse’s expenses



 



 



• Identifying all sources of income



 



 



• Calculating support level, school tuition, medical expenses, child care expenses, and more



 



 



• The amount and duration of spousal support



 



 



• Adjustments for spousal support based on the cost of living and changing amounts of income



 



 



Miscellaneous Financial Issues



 



 



A divorce mediation checklist will almost always have a fourth category for any financial issues that weren’t covered in the checklist beforehand.  These issues include:



 



 



• Joint or separate tax returns



 



 



• Dependency issues



 



 



• The division of refunds and liabilities



 



 



• College tuition and expenses



 



 



• Other insurance issues