PHASES 2 + 3 OF MEDIATION
PHASE 2
Articulating Goals:
Once we have baseline financial and budget information, we will revisit your goals. We will discuss your plans for your post-divorce life, emphasizing your finances and parenting arrangements. We will explore housing options, needs for liquidity over time, and the timeline for separating finances. Discussions about parenting arrangements are centered on strengthening the parental alliance, and sheltering children from parental conflict. Being specific about your goals will support us in creating an agreement that eases the transition into separate households, and optimizes your path forward.
Developing Options:
Based on your goals, circumstances and resources, we will explore your initial thoughts on how to divide assets, debts and cash flow to create separate households. You will each have extensive information on the other’s goals and thoughts; this is key to designing a settlement that makes the most efficient use of your resources.
We will create a spreadsheet with an example of a 50/50 division of property. This is an informational exercise, to show ways to create a division, and illustrate different choice points. Depending on the case, we may also mock up a cash flow division. This is also for informational purposes, to support clients in reaching informed, thoughtful financial decisions.
Creating Interim Arrangements:
As we develop your financial information and goals, we will discuss your need for a degree of privacy and autonomy in managing finances. Having an interim set of parenting arrangements also gives you the chance to test a parenting plan and identify any topics that would benefit from further discussion or experimentation.
Outcome of Phase 2:
You will have identified tentative areas of agreement, and remaining areas of discussion.
PHASE 3
Testing Options:
Financial testing is useful to measure the likely impact of possible financial divisions. Together, we will assess what provisions would make the best use of your resources, in light your preferences, tolerances and requirements.
Mediation is useful to create a baseline set of expectations and responsibilities that evolve as children mature.
Implementation:
Once you have reached complete agreements, we will prepare legal drafts for you to review with your attorneys. Once you have attorney feedback, we will meet for a final review of drafts.
Outcome of Phase 3:
You will have instructions on entering the final papers with the court and implementing the settlement.