Fresno Pacific University Mediation Services Family Division INTAKE FORM What is this form for? You and your spouse have been referred to FPU Mediation Services Family Division for help with developing a (MSA) Marital Settlement Agreement. Professionals in our family division are trained as mediators and on other topics related to family court cases, including domestic violence. The information collected on this form will be used to help the mediator decide how to best help you with your particular case. If an agreement is reached you will receive a written copy of the (MSA) Marital Settlement Agreement to file with the court. Today’s date___________ Case Number#___________________ Next hearing date__________ BACKGROUND INFORMATION Husband’s Information Full Name________________________________Date of birth ___________________________ Address______________________________ City/State/Zip_____________________________ Home Phone______________________ Work Phone__________________________________ Cell Phone_________________________ Email Address________________________________ Occupation/ Annual Income_______________________________________________________ Are you represented by an attorney in this case? _____ Yes ____No If yes, please provide the attorney’s name and contact information below: Name, Address, Telephone, Email, and Fax Number_________________________________________________ _____________________________________________________________________________ Wife’s Information Full Name________________________________Date of birth ___________________________ Address______________________________ City/State/Zip_____________________________ Home Phone______________________ Work Phone__________________________________ Cell Phone_________________________ Email Address________________________________ Occupation/ Annual Income_______________________________________________________ Are you represented by an attorney in this case? _____ Yes ____No If yes, please provide the attorney’s name and contact information below: Name, Address, Telephone, Email, and Fax Number_________________________________________________ ______________________________________________________________________________ Have you been provided and read the written mediation brochure materials? _____Yes ____No How did you hear about us?______________________________________________________ 1 Children involved in this case First name M.I. Last Name Age Date of birth _____________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please provide the following dates, if applicable, as well as you can estimate: Date of marriage: _________Dates lived together: __________Date of separation: __________ Related cases: It is helpful to know if your family (you, the other parent, and children/child) has been involved or is involved in other court cases. If there are other cases related to this one, please let us know:__________________________________________________________ _____________________________________________________________________________ Do you have any concerns about mediating (talking about your case and plans for parenting your children) with the other parent in the same room? _____Yes _____No Do you have court orders for ____custody ____visitation____ spousal support? Have you been to mediation with the other parent before? ______Yes ______No Domestic Violence questions: Mediators need to know about your case so that your appointment is as helpful to you as possible. Please answer the following questions: Have either you or the other parent said that there are concerns about family violence? _____Yes ______No Has a request for a restraining order been filed within the last five years? Is there a restraining order in place right now? ______Not Sure ______Yes ____No ______Yes ______No Do you have any concerns about your safety around the other parent? ______Yes _____No If yes, to question #4 the mediator will talk with you about your concerns. Is there anything you would like to briefly write to the mediator about this now? ______________________________________________________________________________ Your case may be one where a “separate session” must be provided. If there are allegations or a history of domestic violence, or if there is a restraining order in your case, you have the right to meet with the mediator without the other party upon request (“separate session”). In a case with allegations or a history of domestic violence, even if you do not ask for a separate session, the mediator will speak with each parent separately before meeting with you together (or during or after if the domestic violence comes up during the session). A request for a separate session is not viewed as evidence of lack of cooperation. 2 Are you asking for a separate session at this time? _____Yes _____No If you are unsure about whether you need to meet separately, would you like to speak with the mediator privately about the mediation process? ____Yes _____No Support person: If a restraining order has been issued to protect you, a support person is allowed to go with you to any mediation or orientation session, including separate sessions. However, the mediator may exclude a support person if the support person participates in the mediation, acts as an advocate, or if their being there interferes with mediation. PROPERTY DISTRIBUTION Do you own a home and /or a vacation home? _____Yes _____No Is there a mortgage on the property? _____yes _____No Do you own a car(s)? _____yes _____No What do you feel needs to be discussed in mediation? (Check as many as applicable) _____ Property _____ Authority/Decision-making _____ Spousal Support _____ Creating peaceful communication _____ Following the court’s order(s) OTHERS_________________________ How to prepare for Mediation: see our Checklist below and bring all that applies to mediation Preliminary Disclosure Documents- should be filled out at the time of filing with the court. If not, they are available on the court’s web site. Real Estate Documents- If either of you own a home or other real property, bring a document that gives a legal description of the property (a grant deed from the recorder’s office or/ and a recent statement from the mortgage company will be sufficient. Vehicle Registration- Please provide the vehicle identification number (VIN), make, model and year of each vehicle. Retirement/Pension account information- Be prepared to tell us who the retirement account is with, type of account, Administers name and the most current statement of the account. Debt information- for any sole or joint debt accounts, bring the name of the creditor, account number, and balance owing. This includes credit cards, student loans, vehicle loans and personal loans. Business/Partnership information, including the legal name of the business or partnership. Any information regarding stocks or bonds as well. Child information- all current orders regarding child custody and/or support. Court Documents: ALL documents filed related to divorce or legal separation. Confidentiality Mediation sessions are private and the mediator may not share information from those sessions with just anybody. You should not assume information you share separately with the mediator may be kept confidential from the other party, however, you may tell the mediator if there is information you are providing that may put you at risk if it is shared. Mediators and staff must make reasonable efforts to keep residential addresses, work addresses, and contact 3 information-including but not limited to telephone numbers and e-mail addresses-confidential in all cases and on all Mediation Services Family Division documents. Note: Please provide information for all sole and joint accounts What if we reach an agreement? Copies of your Marital Settlement Agreement will be provided to you and submitted to the court only after all parties (including their attorneys) have signed the document and all fees are paid. What if we do not reach an agreement? Mediation is a voluntary, confidential, and self-determining process. If an agreement could not be reached the parties are free to seek other alternatives or return to court for the judge to decide. The Mediator will not make recommendations to the court regarding your case or reveal information to your attorney’s. The only communication between the mediator and an attorney of record will be a copy of a signed agreement. What information goes to the judge? Mediation will end with either a written parenting plan of the parties' agreement or a mediator's Notification to the court of a non-agreement. What information goes to people outside the court? There are certain situations in which mediators are required or permitted to reveal information without your permission. They are not required to inform you of their actions in this situation. If you threaten violence to another person, the mediator may be required to inform the intended victim and the appropriate law enforcement agencies. If you are likely to harm yourself unless protective measures are taken, the law may permit the mediator to take appropriate actions to ensure your safety. If the mediator has reasonable cause to suspect abuse and/or neglect of children, elderly or dependent adults, or if such is reported to the mediator, that mediator may be required by law to report to an appropriate protective agency and/or the police. _________________Please answer the following after the Intake process_______________ Do you have a better understanding of the mediation process?_____Yes ____No Was this intake helpful to you? ____Yes ____No. Who was your mediator? ________________________________________________ Additional Comments___________________________________________________ ______________________________________________________________________ 4
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