1. Planning
Before mediation begins, the mediator helps all parties agree on logistics, including when and
where to meet and who should participate. In divorces involving real estate, key participants
might include the divorcing spouses, their attorneys, and experts such as a CDLP® or REM-S.
Consider this scenario:
A couple owns a marital home valued at $600,000 with $200,000 in equity. One spouse wants to
keep the home for stability and continuity for their children. During the planning phase, the
CDLP® gathers necessary documents, including mortgage statements, property appraisals, and
income verification, to prepare for discussions on refinancing options and equity division.
The planning phase ensures that all parties are equipped with the data needed to facilitate
productive negotiations.
2. Mediator’s Introduction
At the start of the mediation session, the mediator introduces the participants, explains the
process, and sets ground rules. This phase is critical for establishing trust and cooperation. In
divorce real estate mediation, the mediator might outline the specific goals for property
division, such as determining who will keep the home, how the mortgage will be managed, or
whether the property should be sold. A REM-S professional may explain their role in assisting
with property valuations, negotiations, and creative settlement options. The introduction phase
helps frame the process with clear objectives and promotes open communication.
3. Opening Remarks
Each spouse presents their perspective on the dispute without interruption. This is often a
highly emotional moment, especially when real estate is involved .For example, one spouse
might express concerns about losing the marital home, while the other may worry about being
financially overburdened by future mortgage obligations. A CDLP® or REM-S can offer
impartial guidance, reminding both parties of the practical implications of their options, such
as: The financial requirements for refinancing the home. The tax consequences of selling versus
retaining the property. Realistic timelines for completing transactions. These insights help both
parties separate emotional concerns from financial realities, allowing for more informed
discussions.
10 DIVORCE REAL ESTATE & MORTGAGE JOURNAL