Divorce Mediation 3 — Questions and Answers
Question 1: Which of the following best describes 'interest-based' mediation in a divorce context?
- Focusing only on financial interest rates on marital debt
- Exploring the underlying needs and concerns of each party rather than fixed positions (Correct answer)
- Calculating interest earned on retirement accounts
- Mediating only disputes over investment portfolios
Correct answer: Exploring the underlying needs and concerns of each party rather than fixed positions
Interest-based mediation digs beneath stated positions to uncover each spouse's real needs, enabling more creative and durable agreements.
Question 2: In which situation is a mediator ethically required to halt or withdraw from mediation?
- When one spouse is unrepresented by an attorney
- When the mediator believes a fair agreement cannot be reached due to coercion or incapacity (Correct answer)
- When children are involved in the dispute
- When the mediation extends beyond two sessions
Correct answer: When the mediator believes a fair agreement cannot be reached due to coercion or incapacity
A mediator must stop proceedings if coercion, impaired capacity, or other factors prevent voluntary and informed decision-making.
Question 3: What role does a QDRO (Qualified Domestic Relations Order) play in divorce mediation involving retirement accounts?
- It is a court order that divides certain retirement plan benefits between spouses (Correct answer)
- It is a mediation fee payment order
- It grants one spouse full ownership of all retirement assets
- It freezes retirement accounts during mediation
Correct answer: It is a court order that divides certain retirement plan benefits between spouses
A QDRO is a legal order required to divide employer-sponsored retirement accounts like 401(k)s without triggering taxes or penalties.
Question 4: What is 'shuttle mediation' and when is it commonly used in divorce cases?
- A quick one-hour session designed for simple asset splits
- A format where parties are in separate rooms and the mediator moves between them (Correct answer)
- An online video-mediation platform
- A court-annexed program for high-asset divorces
Correct answer: A format where parties are in separate rooms and the mediator moves between them
Shuttle mediation keeps parties physically separated while the mediator relays offers and responses, often used when conflict or safety concerns prevent face-to-face sessions.
Question 5: Can a mediated divorce agreement be modified after it is approved by the court?
- No, court-approved agreements are permanently final
- Yes, certain provisions like child support and custody can be modified if circumstances change (Correct answer)
- Yes, but only within 30 days of entry
- No, only the mediator can request a modification
Correct answer: Yes, certain provisions like child support and custody can be modified if circumstances change
Child support, custody, and sometimes spousal support provisions can be modified post-judgment if there is a substantial change in circumstances.
Question 6: Which of the following best explains why attorneys may still be valuable even when a couple chooses mediation?
- Attorneys can override the mediator's decisions
- Attorneys can review the final agreement before signing to protect each spouse's legal rights (Correct answer)
- Attorneys must be present at every mediation session by law
- Attorneys negotiate on behalf of clients so the spouses don't have to speak
Correct answer: Attorneys can review the final agreement before signing to protect each spouse's legal rights
Each spouse can consult a reviewing attorney before signing the mediated agreement to ensure they understand their legal rights and the agreement's implications.
Question 7: What is the primary purpose of a 'parenting plan' developed during divorce mediation?
- To determine which parent pays child support
- To outline custody arrangements, visitation schedules, and decision-making responsibilities for the children (Correct answer)
- To assign a legal guardian in the event both parents are incapacitated
- To establish the children's inheritance rights
Correct answer: To outline custody arrangements, visitation schedules, and decision-making responsibilities for the children
A parenting plan details how parents will share physical custody, parenting time, and major decisions about the children's upbringing after divorce.
Divorce Mediation 3
Which of the following best describes 'interest-based' mediation in a divorce context?