Family Law Mediation

Information/Questionnaire

            This pre-mediation questionnaire is for use in the family law context.  It assumes that an action has been filed and has been pending for some time. It also assumes that the parties are aware of the issues which need to be resolved. 

             The parties or, if the parties are represented by counsel, counsel for the parties, shall provide the following to the mediator at least one week in advance of the mediation, when possible, otherwise no later than the time of mediation:

            a.         A support calculation (spousal and/or child as the case may be) and an explanation of any controverted issues in this regard.

            b.         A list of major assets and debts to be divided (e.g. business, home, etc.) which may be copies of the disclosures.

            c.         Legal authorities on any unusual issues.

            d.         The last settlement proposal, if one has been made.  It is not necessary to make one before the mediation.         

            e.         A copy of the Petition, Response and any temporary orders.            

             Mediation only works if the parties can make an effort in good faith to agree on the terms of their divorce or separation.  It is also important that where children are involved the parties specifically agree that all determinations regarding the children will be made with the best interests of the children in mind.

             The following, which shall remain confidential and not provided to the other side, are the questions which must be answered by the parties:

GENERAL

1.         What is the biggest hurdle you have in communicating with your spouse or significant other?     

 2.         For how long have you had the difficulty in communicating with your spouse or significant other?

 3.         List the major blocks to settlement of issues other than custody and visitation issues that you have recognized?             

 4.         List those items other than custody and visitation issues you must have if settlement is to be reached?

5.         Are you willing to make this good faith effort to settle without reservation?

6.         Are you willing to abide by the Ground Rules provided to you along with this questionnaire? 

7.         List all matters on which you think there is already agreement. 

8.         When did you first have feelings of betrayal, bad faith or loss of confidence in your partner? 

9.         In areas where you think documentation will be helpful please bring any such documents to the mediation. 

CHILD CUSTODY/VISITATION 

1.         List the concessions you are looking for from your spouse or significant other in regard to custody and/or visitation and explain why you should have these concessions.                                 

2.         List those items regarding custody and visitation issues you must have if settlement is to be reached and explain why they are important to you.        

3.         If there is any additional information you believe may help resolve any of the issues please identify them.