Mediation


#1

I am getting ready to go to mediation and we were supposed to get depositions done months ago, we have a forensic accoutant who says she will be ready to give an oral report 3 days before mediation. I do not even know if I am going to get a copy of this oral report so I can have my accountant review this. I have never gone thru divorce before, therefore, I have no idea what I should ask for in mediation regarding my childrens future, nor my own, other than child support and other assets. I feel I need a check list of thing to consider to ask for. Is there a form or check list that I can get to help me be prepared and aware of what all I need to consider? I feel it is unreasonable to be made to go to mediation when I do not have enough information to even begin to mediate. This is basically mediation for Assets, child custody, and I am usure what else. I have never been told what I am really going in to mediate. I am very nervous about this and feel it should be postponed. It is absolutely unfair that I have to go in without proper information. I have asked my atty repeatedly, " do we not need to have these depositions done before meditation." He simply does not answer other than, we have got to the mediation done. It has been too long (going on 4yrs) and we had to go before the judge to for a “ED scheduling order” My understanding the reason for this is because it is required when a case takes this long. My atty explained that we have mediation coming up in 2 weeks and feels we will get it resolved in meditation. I have repeatedly expressed I cannont mediate anything without ALL and proper documents and depositions. I am getting very nervous and considering changing atty. I want to get this settled as soon as possible, I simply want it done correctly and all information considered. How does it effect me if I fire my atty and hire a new one days before mediation. If I were your client would you recommend I go to mediation and waste my chance of setting without a trial, or would you recommed that it is rescheduled? My atty seems to feel we cannot reschedule since it has been so long.


#2

Mediation will not continue if you fire your attorney. I would recommend you proceed with the mediation at this point to see what happens. If there is a particular document that you feel you really need, you can ask for it in mediation.


#3

I understand mediation needs to be done, but when I don’t have any numbers given to me as far as what is my share of equity and such, how can I possibly mediate what I would like. It seems to me that I would have to have all numbers in. Since we have 2 businesses, property, and a home, it is not important for me to know the equity in everything. My ex is aware of this, since he is the one who deals with the daily operations. I, on the otherhand, do not know a thing. My atty told me that mediation is where you can gather information. I feel mediation is a very expensive way to “gather information” and I would pefer to keep this as low cost as possible. Unlike my ex, I do not have the luxury of paying my atty fees thru company funds. Please advise.


#4

You can file a motion with the court to compel discovery if your ex is not turning over documents voluntarily. Your attorney is right though. Many times, parties wait until mediation to turn over documents. This is a common practice.