Bradley K. Enterline, Esq.

Forms and Information > What to Bring To Mediation

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BRADLEY K. ENTERLINE, ESQUIRE

Mediator

Carney & Good

Attorneys-at-Law

254 West Sixth Street

Erie, Pennsylvania 16507

bkelaw@earthlink.net

www.enterlinemediation.com

(814) 453-5004

(814) 453-3506 FAX

_____________________________________________________________

MEDIATION MATERIALS
What do you need to bring to Mediation? The simple answer is: Any information that is essential to the parties' informed consent regarding property division, including both substantive and legal information.

Financial Issues

In mediation of economic issues, the parties explore the facts and law with the mediator. Documents will need to be produced. It is helpful to have as much information as possible about all property owned by either party at the time of separation and/or divorce. It will also be relevant to consider how the property was acquired, and what its worth, if any, was at the time of the marriage. Without knowing the parties and their financial matters, it is impossible for the mediator to know exactly what the parties need to bring to the first session. However, in order to save time, the following items should be gathered and brought to the first session because they could be useful:

1. Any tax returns for the last three years with W-2s and all attachments.

2. Any appraisals of property owned by either or both parties.

3. Current pay information.

4. Statements for all accounts, including brokerage accounts, bank accounts, money markets, CDS, IRAs, etc. Statements will be needed showing current value, value on the date of separation, value on the date of marriage, and documentation about any withdrawals that may be relevant.

5. Pension information as follows:

Defined Benefit Plan: This is a plan where the employee is entitled to a set amount per month at retirement age. In dividing this asset, the parties decide between keeping it with the employee and offsetting it with other assets, or dividing it at retirement. In some cases, it is not divided at all (for instance, where only one party will collect social security). It is helpful to have as much information as possible about a defined benefit plan: the plan booklet, the plan description, statements and information about the present value, which usually must be prepared by an actuary or pension evaluator, who will charge a fee, starting at around $300.00.

Defined Contribution Plan: This is a plan, such as a 401(k) plan where the employee, and perhaps the employer, contribute money to an investment account that (typically) accumulates growth. If all contributions to the account are made during the marriage, then usually all that is needed is a current statement. If a portion of the account was obtained before marriage or during separation, then in order to determine the part of the account that is marital property, all of the statements, or yearly summaries, will be needed.

6. Information on life insurance polices including cash value, beneficiary designations, premium payments, dividends, face value, etc.

7. Information on any business interests owned by either party, including written agreements, tax returns, financial statements, appraisals, accounts receivable/payable, work in progress.

8. Prenuptial, Trust or other agreements involving one or both of the parties.

9 Documentation of stocks, options, securities.

10. It is helpful for the parties to have some idea of what their post-separation living expenses will be. Projections and prepared budgets, although not required, are useful tools in the mediation process. Documentation of expenses such as child care, school tuition, extraordinary expenses should also be brought in.

Custody Issues

The following information is useful in a custody mediation: both parties schedules, the children's schedules, day care information, school calendars, and any other information considered relevant to shared parenting.

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