Final Project: Mediation Agreement

The final project in this course consists of a joint effort with a classmate. You will be assigned to a partner with whom you will work. One of you will assume the role of a paralegal in the firm representing the petitioner and the other will serve as a paralegal in the firm representing the respondent.

Assume all the previous facts presented about David and Angela. David maintains that he should have temporary custody of both children, Connie and Benjamin, during the family mediation process. Angela maintains that temporary custody should be awarded to her. David has a higher income, but is often emotionally distant from others, including family members. Angela does not have sufficient income to easily operate a separate household which would include both children. Consider the ease or difficulty of changing a temporary custody agreement. David and Angela own a house with a fair market value of $400,000. They have $150,000 of equity in the house from payments made to a bank from income earned during the marriage. In addition, there is another $50,000 of equity in the house from a payment made by Angela from an inheritance that she received from her deceased uncle’s estate four years ago. They purchased the house with pooled funds of $3,000 from each of them.

For your project, in conjunction with your classmate who will represent the opposing party, compose a meaningful family mediation agreement. You will need to communicate extensively with the other paralegal. What issues must David and Angela consider in a family law mediation agreement? Will you choose a facilitative or evaluative mediation style in dealing with the opposing paralegal as you move toward a meaningful family mediation agreement?