Contract analysis

I. Purpose of This Letter The purpose of this letter is to provide you with a comprehensive overview of the upcoming mediation process in your custody and parenting-plan matter, to outline the specific issues that we anticipate will be addressed during the mediation sessions, to summarize your principal settlement objectives as we understand them, and to offer detailed preparation guidance for the first mediation ses

II. Selection of Mediator and Logistics A. The Mediator After careful consideration and discussions between our firm and opposing counsel at Kwan, Delacroix & Samuels LLP, the parties have jointly selected the Honorable Constance M. Yee (Ret.) to serve as the mediator in this matter. Judge Yee is a retired Superior Court Judge from Los Angeles County who, during her seventeen years on the bench, presided over a wide

III. Overview of the Mediation Process A. What Mediation Is Mediation is a voluntary, confidential settlement process in which a neutral third party — here, Judge Yee — facilitates negotiation between the disputing parties. It is fundamentally different from a trial or a contested hearing in several important respects: • Voluntary: Neither party can be compelled to agree to any particular term or outcome. The mediato

1. Opening Joint Session. The mediation will likely begin with all parties and their counsel gathered together in the main conference room. Judge Yee will introduce herself, explain the ground rules and procedural framework for the day, and confirm the confidentiality protections that apply. She will then invite each side to make a brief opening statement. These opening statements are an opportunity to frame the key

2. Private Caucuses. Following the opening joint session, Judge Yee will typically separate the parties into their respective private conference rooms. She will then meet separately and confidentially with each party and their counsel in a series of private caucuses. During these caucuses, Judge Yee will explore each side's positions in greater depth, probe the underlying interests and priorities that motivate those

3. Shuttle Diplomacy. As the day progresses, Judge Yee will typically engage in a process of shuttle diplomacy, moving back and forth between the two private rooms to convey proposals, counterproposals, and feedback. This iterative process is designed to narrow the gap between the parties' positions and move toward a zone of potential agreement. The mediator may offer her own observations about the likely outcomes if

4. Reconvening in Joint Session. If the parties reach agreement on some or all of the issues in dispute, Judge Yee may bring the parties back together in a joint session to confirm the terms of the agreement. If a comprehensive resolution is reached, the attorneys will typically work together to draft a written memorandum of understanding or term sheet before the parties leave the mediation facility.

5. Continuation if Necessary. If a full resolution is not achieved in a single session, the mediation will not be deemed a failure. It is common in complex custody and parenting-plan matters for the process to require more than one session. We currently anticipate that up to three mediation sessions may be necessary. Additional sessions will be scheduled as needed, in consultation with all participants and Judge Yee'

IV. Issues to Be Addressed in Mediation The mediation will address the full range of custody, parenting-plan, and related financial issues in this matter. Below is a summary of the principal issues and our current positions with respect to each. We will discuss these issues in significantly greater detail during our pre-mediation preparation meeting. A. Legal Custody Legal custody refers to the right and responsibili

I. Parenting Coordinator Given the complexity of the proposed parenting plan and the potential for day-to-day implementation disputes — particularly with respect to travel schedules, make-up time, and extracurricular enrollment decisions — we may propose the appointment of a licensed family therapist to serve as a parenting plan coordinator. The parenting coordinator would serve as a neutral resource to help the part

V. Ms. Fonseca's Settlement Objectives — Summary For your reference, the following is a concise summary of the primary settlement objectives that we will seek to achieve through the mediation process:

1. Primary Physical Custody. Secure a parenting plan in which you serve as the children's primary residential parent with a majority timeshare (approximately 65/35 during the school year), providing stability and continuity for Isabela and Mateo, particularly in connection with their enrollment at Ridgeview Academy.

2. Joint Legal Custody with Educational Tie-Breaking Authority. Obtain an order of joint legal custody that includes your designation as the tie-breaking decision-maker on matters relating to the children's education.

3. Workable Travel and On-Location Work Framework. Establish a clear, enforceable framework that accounts for Mr. Medrano's on-location work absences, protects the children's routine and school attendance, and provides a fair make-up time mechanism.

4. Fair Child Support and Cost-Sharing. Reach a child support arrangement at or modestly below guideline, tied to equitable proportionate cost-sharing for education, extracurricular activities, and healthcare expenses.

5. Confidentiality. Maintain strict confidentiality with respect to all financial terms, the custody evaluation findings, and the details of the parenting-plan agreement.

6. Resolution Through Agreement. Avoid a contested hearing. Resolve all outstanding issues through the mediation process, preserving the co-parenting relationship and shielding the children from the adversarial dynamics of litigation. These objectives reflect our understanding of your priorities as communicated to us over the course of our representation. If any of these objectives do not accurately reflect your curr

VI. Preparation Guidance A. Pre-Mediation Meeting We would like to schedule a pre-mediation preparation meeting with you at our offices during the week of November 6–10, 2023. The meeting will take place at: Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017 We anticipate that this preparation meeting will last approximately two to three hours. During the meeting, we will: • Review th

1. The Temporary Custody Order dated May 30, 2023, setting forth the current 60/40 timeshare arrangement.

2. Dr. Elena V. Sorensen's Custody Evaluation Report, delivered October 6, 2023. This is a lengthy and detailed report, and we understand that it may be difficult to absorb in a single reading. Our team is preparing a separate analysis memorandum summarizing the report's key findings, strengths, and potential vulnerabilities, which will be provided to you before or at the time of the preparation meeting.

3. The Income and Expense Declarations (Form FL-150) filed by both you and Mr. Medrano. These declarations form the basis of the child support calculation and the cost-sharing proposals.

4. The Forensic Income Analysis prepared by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, regarding Mr. Medrano's freelance earnings through Medrano Visuals, LLC. This analysis establishes the imputed income figure for Mr. Medrano that we will use in the guideline support calculation. If you are unable to locate any of these documents, please let Devon Archer know and we will provide replacement copi

VII. Confidential Mediation Brief Our team is in the process of preparing a confidential mediation brief that will be submitted to Judge Yee in advance of the November 17 session. Our target submission date is November 10, 2023, which will give Judge Yee adequate time to review the brief and familiarize herself with the factual and legal background of the case before the mediation. The confidential mediation brief wi

VIII. Fees and Costs Related to Mediation We want to ensure that you are fully informed about the fees and costs associated with the mediation process. Mediator's Fees. Judge Yee's fees for the mediation are to be shared equally between the parties. Your share of the mediator's fees will be advanced by Calderwood & Harkness LLP as a cost on your behalf and will be reflected on your monthly billing statements. Judge Y

IX. Next Steps In summary, the following action items require your attention in the coming days:

1. Confirm your availability for the mediation session on November 17, 2023. Please contact Devon Archer to confirm that this date remains workable for your schedule.

2. Schedule the pre-mediation preparation meeting during the week of November 6–10, 2023. Please contact Devon Archer to identify a date and time that works for you.

3. Review the documents identified in Section VI.B above in advance of the preparation meeting.

4. Review the draft mediation brief when it is circulated to you, which we expect will be on or about November 7, 2023. Please provide any comments, corrections, or concerns promptly so that the brief can be finalized and submitted to Judge Yee by November 10.

5. Coordination with Minor's Counsel. Our firm will coordinate with Minor's Counsel Tessa L. Brannigan regarding Ms. Brannigan's positions on the parenting-plan issues. A letter outlining our proposed parenting plan has been sent to Ms. Brannigan as of November 8, 2023, and we will report to you on any feedback we receive from her office.

6. Contact Devon Archer if you have any questions, concerns, or new information that may be relevant to the mediation in the interim. Devon can be reached by email or by telephone at our office number.

X. Closing We recognize that the mediation process can feel daunting, particularly given the deeply personal nature of the issues at stake. Please know that our entire team is committed to guiding you through this process with diligence, sensitivity, and a relentless focus on achieving the best possible outcome for Isabela and Mateo. We are confident that mediation provides a strong pathway to a resolution that serve