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Case Information Statement, Divorce, Family Law

What to Bring to Mediation?

What to Bring to Mediation?

What to Bring to Mediation?

By Jeff J. Horn, Family Lawyer

Most likely, your family law case will be mediated. Whether the mediation is virtual or in person you will need to be prepared. Most importantly, you need to be mentally prepared. The best way to feel mentally prepared is to be physically prepared as well. Knowing what to bring to mediation is a huge first step.

Baggage – Do Not bring to Mediation.

The psychology of mediation by Fradely DelaCruz is a Senior at Monmouth University, Class of 2022. Psychological baggage is the thing you can feel free to Not bring to mediation. Here is an Excerpt from the article.

“Pride can stop people from seeing someone else’s perspective through a holistic lens and self-reflecting on the role played in those past experiences. Psychologically, this is impacted by self-esteem because we as humans want to protect our self-esteem when experiencing psychological pressure from a conflicting event (Rumbaut). During the mediation process, people often confront the conflicting event that occurred and the parties involved that negatively impacted the way a person felt about themselves. Hence, the more mediation is normalized through social structures and formal systems (i.e the legal system) people may feel more comfortable stripping themselves of their ego, self-image, and past mistakes.”

Documents count in family law mediation.

  1. Here are a few important documents to bring to mediation.
    Income information – In divorce, you will need a complete Case Information Statement (CIS) Most of the document you need can be confidentially attached to the CIS. For example, recent income tax returns with all attachments, pay stubs and Account statements should be attached. By Court Rule, the CIS Is confidential so no one can get a copy from the court’s file
  2. Proof of Debts – So many litigants and family law argue over debts. Boston time, the parties do not even bring the statement proving the debt to the mediation. Rather, they just argue over who incurred the debt. usually, marital debts are shared by the parties. It does not matter who incurred the debt. Rather, they important question is how will the payment or pay off of debts be resolved.
  3. Ideally, a settlement agreement with blanks – If you were serious, bring an agreement to the mediation. It may have many blank spaces. That is okay. As agreement is reached, those blanks are filled in. By and large, a global agreement is a series of small increments. Lock those small agreements in as you go.
  4. A plan with three options:

***Three Mediation options is the minimum – review the plan with your Family law lawyer.

  • Option 1 is a quick and fair resolution to your family law case. Be aware, nobody takes ZERO in a family law case. At your family law mediation, be ready to give and take. Having thought this through for your position and the other side’s position is case.
  • Option number 2 – your strongest and best position. Be ready to assert yourself on your strongest position. Know that, no one has a case strong in every area. If they did, there would be no case.
  • Option 3 – Your absolute walk away position meaning, you would not take a penny less than this number. If the offer, or remediated recommendation is a penny last, you are willing to go to trial.

Marital Agreements – Do they work?