Divorce Mediation 4 — Questions and Answers
Question 1: What does the term 'full financial disclosure' require from both spouses in divorce mediation?
- Only the higher-earning spouse must disclose income
- Both parties must honestly share all assets, debts, income, and expenses (Correct answer)
- Disclosures are optional and only shared if requested by the mediator
- Only documents older than five years must be disclosed
Correct answer: Both parties must honestly share all assets, debts, income, and expenses
Full financial disclosure requires both spouses to provide complete and honest information about all marital and separate finances so agreements are based on accurate facts.
Question 2: How does mediation generally handle the issue of 'separate property' versus 'marital property'?
- All property is treated as jointly owned regardless of origin
- The mediator helps parties identify and agree on what is separate versus marital property based on state law (Correct answer)
- Separate property is always split 50/50 during mediation
- Only courts can classify property; mediators cannot address this issue
Correct answer: The mediator helps parties identify and agree on what is separate versus marital property based on state law
Mediators educate parties about their state's definitions and help them reach agreement on property classification as part of the overall settlement.
Question 3: Which ethical principle requires a divorce mediator to inform both parties about the mediation process and its limits before beginning?
- Confidentiality
- Neutrality
- Informed consent (Correct answer)
- Self-determination
Correct answer: Informed consent
Informed consent requires mediators to explain the process, their role, limitations, and alternatives so parties can decide voluntarily whether to proceed.
Question 4: What typically occurs when divorce mediation fails to produce an agreement?
- The mediator files a default judgment
- The parties proceed to contested divorce litigation in court (Correct answer)
- Both parties are barred from remarrying for one year
- A second mandatory mediation session is automatically ordered
Correct answer: The parties proceed to contested divorce litigation in court
If mediation is unsuccessful, unresolved issues are submitted to the court, and a judge decides the outcome through litigation.
Question 5: In the context of divorce mediation, what is a 'Memorandum of Understanding' (MOU)?
- A court order enforcing the mediated agreement
- A written summary of the terms agreed upon in mediation, which is later formalized into a settlement agreement (Correct answer)
- A document filed with the IRS regarding joint tax returns
- A mediator's internal notes kept confidential from both parties
Correct answer: A written summary of the terms agreed upon in mediation, which is later formalized into a settlement agreement
An MOU documents the key points agreed to in mediation and serves as the foundation for drafting the formal legally binding settlement agreement.
Question 6: Why might a mediator recommend that parties obtain independent appraisals of real estate before mediating its division?
- To satisfy federal real estate disclosure law
- To ensure both parties negotiate based on an accurate fair-market value rather than assumptions (Correct answer)
- Because mediators are required by law to order appraisals
- To determine which spouse may continue living in the home during mediation
Correct answer: To ensure both parties negotiate based on an accurate fair-market value rather than assumptions
An independent appraisal provides an objective property value so neither spouse is disadvantaged by inflated or deflated estimates during negotiations.
Question 7: What does 'impasse' mean in divorce mediation, and what is a common technique to overcome it?
- Impasse means the mediator has concluded the case; parties must start over with a new mediator
- Impasse is a deadlock on one or more issues; mediators may reframe issues or explore underlying interests to break through it (Correct answer)
- Impasse means both parties have agreed and the session is complete
- Impasse is a legal term requiring court intervention immediately
Correct answer: Impasse is a deadlock on one or more issues; mediators may reframe issues or explore underlying interests to break through it
An impasse occurs when parties cannot agree; experienced mediators use reframing, reality testing, or caucuses to help parties move past the sticking point.
Divorce Mediation 4
What does the term 'full financial disclosure' require from both spouses in divorce mediation?