Mediation Questionnaires

If you took the time to read through the Mission Statement and the Mediation Agreement, you should have a good understanding of the mediation process and how it can work to assist you in resolving nearly any dispute you can imagine. The next step is the easiest one of all – choosing which of the two mediation questionnaires is applicable to your case.

Family Law Questionnaire

The “Family Law Questionnaire” (download here) is designed specifically for divorce and parenting cases. You should use this questionnaire if you are pursuing a divorce whether you have children or not. If you do not have children from your marriage, just write N/A (not applicable) in those sections. However, if you have children who are eighteen or older, you should still note their names and ages in the appropriate question section, but skip the rest of the questions concerning child support and insurance unless any of your children are legal dependents due to a disability or some other reason.

If you were never married, but you are seeking a parenting plan for any children born from your relationship, you should still answer all the questions unless it is obvious the question does not apply. Each case is different, so it is impossible to give one answer that would apply to every case. If you even remotely think the question may apply to your situation, it is better to answer the question and address it during mediation than to leave any doubt in your mind from not having your questions addressed. A good example is that unmarried couples often own property together and have joint debts which may be appropriate to address during mediation. Other couples keep their property and finances totally separate.

If minor children are involved, child support must be determined pursuant to the Montana Child Support Guidelines unless there are very limited and specific grounds not to apply the guidelines. As a mediator, I cannot and do not advocate for either side. As an attorney mediator, I can only address the laws in general and make unbiased suggestions based on my knowledge and experience. Child support is the moral and legal obligation of both parents to provide for the support of their children and it is not meant to penalize either parent. Accordingly, I direct all parents to apply to the Montana Department of Public Health and Human Services, Child Support Enforcement Division to calculate the appropriate child support. Since that process takes time, you should consider initiating that process even before scheduling mediation. Visit: www.dphhs.mt.gov for all the necessary information you will need to apply.

General Mediation Questionnaire

The “General Mediation Questionnaire” (download here) applies for all other cases.

Your Case/Your Information

Both questionnaires request a lot of information and you will have to spend a considerable amount of time answering your questionnaire before you can proceed to mediate your case. However, by spending that time to answer each question before mediation, you will save yourself a considerable amount of time and money in the long run because much of the information necessary to mediate will be right in front of you, the other party, and your mediator. Of course, you always have the option of hiring someone to assist you in answering the questionnaire and leading you through the mediation process, but you may agree that may not be necessary. I will not conduct any mediation unless questionnaires are completed by both parties -- except in an emergency situation. The reasons are simple: very little will be accomplished, it frustrates the process, and it wastes time and money. Mediation should lessen the stress of working through the problem, especially if you take the time to prepare and you keep an open mind.  Think positive and a solution is always in reach.