Currently, the two most "usual" ways clients get to mediation is either through the court system or privately.  Privately can be through their attorneys or because the clients have heard of mediation and prefer to try to settle their dispute in this manner rather than through litigation.

Disputes involving small claims court, probate court, juvenile court, business disputes....all are appropriate style cases for mediation.  However, what we hope to clarify here are cases involving separation and divorce.

When couples decide to separate or divorce, there are specific issues they must reach agreement on.  Following are these issues.  Issues may differ from couple to couple, depending on finances and whether there are children involved.            

There is now what the courts call a "Permanent Parenting Plan" form to be used in all divorces involving children.  Parents still work out their own Parenting Plan, for the benefit of their children.  However, there are certain specifics required in each plan.  By this, the courts hope to eleviate disagreements, making the plans more specific and beneficial to the parents and the children.  We have included in our ISSUES LIST the additional specifics required by the new form.

Issues in Separation and Divorce

CHILD ISSUES

(INCLUDING ISSUES REQUIRED IN NEW PARENTING PLAN)
Time spent with each parent:  weekends (day, time and transportation), weekends (day, time and transportation), holidays, summers, extra curricular activities, "grace" period if parent late picking up/returning chid/children, notification to other parent if child/children ill, written notification of one parent's intent to relocate, no overnights with girlfriend/boyfriend if child/children in your home, no alcohol, drug usage by parent having child/children, supervision of schoolwork, scheduled activities by parents, telephone access when child/children with other parent, communication between parents, access to child/children's records, any special circumstances related to child/children, Modification of Parenting Plan

CUSTODY OF MINOR CHILDREN
Single custodial parent,  shared time, parenting  Joint custody - joint legal, joint physical:  how major decisions resolved if no mutual agreement, including, but not limited to, education, extra curricular, medical and religion

CHILD SUPPORT
Monthly payments - amount, date(s) payable  Circumstances when amount would be increased, reduced, suspended, terminated (if more than one child, then when oldest child graduates from high school, up to age 20 as long as full time student)   Education expenses:  pre-graduation, post high school, College (if college agreed upon, need to be very specific in terms of type college, responsibility of child, parents), Technical School

TAX EXEMPTIONS FOR DEPENDENT CHILDREN

Dependent deductions, child tax credit

MEDICAL INSURANCE
Health and hospitalization - medical, dental, orthodontist, vision, psychological - monthly premiums, annual deductibles, amounts not covered by insurance   (is the medical plan an HMO, PPO, i.e., only specific providers covered)?

COBRA

Do one of the spouses need to take advantage of COBRA?  Does the other spouse's employer have it available?

SPOUSAL SUPPORT
Monthly payments, amounts, date(s) payable, length of time, circumstances when increased, reduced, suspended, terminated; cash settlement

REAL ESTATE
Family residence, vacation property, business, investment,rental property

PERSONAL PROPERTY / RETIREMENT / INVESTMENTS / VEHICLES
Household items / furniture, vehicles, stocks, bonds, other securities and investments, savings and bank accounts, all retirement accounts / investments

OTHER
Club memberships, frequent flyer miles, season tickets, etc.

LIFE INSURANCE
Cash values, face values (if whole life insurance)  Face value (if term life insurance); minimum amount needed to insurance support obligations, amounts and duration

DEBTS
Outstanding loans )other than those already listed Charge card debts (joint, individual?)

INCOME TAX
Refunds due, amounts owed, any back taxes owed? Indemnification of one party on past joint returns?

OUTSTANDING SUITS
Potential monies coming in, potential monies owed?

WILLS

SOCIAL SECURITY TEN YEAR MARRIAGE RULE

ATTORNEY AND MEDIATION FEES

MUTUAL RELEASE OR RIGHT TO MODIFY
If modification needed, mediation prior to litigation