Mediation supports the negotiation, interpretation, and implementation of prenuptial, postnuptial, separation, settlement, and cohabitation agreements, where permitted. These matters may involve questions of jurisdiction, recognition, enforcement, and the practical arrangements required for agreements to function effectively.
How Mediation Helps In This Context
The mediation setting allows participants to address sensitive issues in a confidential environment and to explore options without the formal structure of court proceedings, which can support more focused and practical discussions surrounding any agreement involved.
In session, participants may, for example, confirm objectives, clarify the scope and timing of disclosures, or address interpretation or application of existing agreements where questions have arisen. Where new terms are under consideration, participants may also explore draft provisions before significant time is invested in long-form documents. Participants can address and sequence implementation items, such as titling or beneficiary changes, or other necessary details with specific dates.
Common Issues
- Disclosure scope and timing
- Property and business interests
- Support parameters and conditions
- Parenting-related provisions where appropriate
- Term sheets and documentation sequence
Some Considerations For Counsel Preparing For Mediation
- Identify priority objectives in a concise summary
- Identify any third-party actions, such as bank or plan administrator updates.
- Confirm who needs to attend and the authority required for decisions
- Circulate draft boilerplate early so mediation remains focused on substantive edits