Contract analysis

I. Executive Summary Mediation Session 1 in the above-referenced matter took place on Friday, November 17, 2023, at the offices of Pacific Coast Dispute Resolution Services, located at 801 South Figueroa Street, Suite 1250, Los Angeles, California 90017, before the Honorable Constance M. Yee (Ret.), serving as the neutral mediator. The session commenced at approximately 9:30 a.m. and concluded at approximately 3:45 p

II. Background and Procedural Posture For the benefit of the partners and to ensure a comprehensive record, the following summarizes the factual background and procedural history of this matter. Marguerite D. Fonseca and Rafael J. Medrano registered a domestic partnership with the California Secretary of State on September 12, 2015 (CA SOS File No. DP-2015-038741). The partnership was dissolved by judgment entered on

III. Summary of Areas of Agreement (Tentative) The following issues were the subject of substantive discussion during Session 1 and reached varying degrees of tentative agreement. All areas of agreement discussed below remain subject to the execution of a final written stipulation and are conditioned upon the resolution of all outstanding issues as part of a comprehensive settlement. Neither party has formally bound

IV. Remaining Open Issues and Areas of Disagreement Notwithstanding the meaningful progress described above, several significant issues remain unresolved. The physical custody timeshare and child support amount are the primary areas of dispute and are closely interrelated. Secondary but important open issues include the on-location work provision threshold, travel notice requirements, extracurricular cost-sharing all

1. Our Position (Ms. Fonseca). Our mediation brief proposed joint physical custody with primary residence designated with Ms. Fonseca. The specific timeshare proposal is as follows: • School-Year Timeshare (approximately 295 days, early September through mid-June): Approximately 65% Fonseca / 35% Medrano. Under the proposed parenting schedule, this translates to approximately 237 overnights with Ms. Fonseca and appro

2. Mr. Medrano's Counter-Proposal. Mr. Medrano's position, as presented by KD&S during Session 1, seeks joint physical custody with no parent designated as having the "primary" residence. His specific timeshare proposal is as follows: • School-Year Timeshare: Approximately 55% Fonseca / 45% Medrano, structured as a roughly week-on/week-off schedule with minor adjustments to account for school logistics. • Summer Sche

3. Minor's Counsel Position. Ms. Brannigan participated actively in the timeshare discussions during both joint sessions and a private caucus with Hon. Yee (Ret.). Based on her statements during Session 1, Ms. Brannigan's position can be summarized as follows: • She would likely support a timeshare in the range of 60/40 to 65/35 in favor of Ms. Fonseca, which is closer to our position than to Mr. Medrano's counter-pr

V. Assessment of Dr. Sorensen's Evaluation Report in Mediation Context Dr. Sorensen's custody evaluation report, delivered on October 6, 2023, served as a central reference point throughout the mediation session. Both parties cited the report in support of their respective positions, and the mediator, Hon. Yee (Ret.), made clear during both joint sessions and private caucuses that she regards the evaluator's findings

VI. Assessment of Minor's Counsel's Position Ms. Brannigan participated actively throughout Session 1, attending both joint sessions and conducting a private caucus with Hon. Yee (Ret.). Her engagement was substantive and well-informed, reflecting a thorough familiarity with the custody evaluation report, the parties' respective positions as set forth in the mediation briefs, and the developmental needs of both child

VII. Recommended Strategy Adjustments for Mediation Session 2 (December 15, 2023) Based on the outcomes of Session 1, my assessment of the parties' positions and relative leverage, the custody evaluation report, and Minor's Counsel's likely position, I recommend the following strategic adjustments for Mediation Session 2. These recommendations are presented for partner review and should be discussed with Ms. Fonseca

1. It directly addresses Ms. Brannigan's expressed interest in maximizing Mr. Medrano's midweek contact, potentially converting her general support into an explicit endorsement of our proposed schedule.

2. It provides Mr. Medrano with a visible and psychologically meaningful gain—more frequent midweek time with the children—without substantially altering the overall timeshare percentage.

3. It keeps the annualized timeshare at 63.6% / 36.4%, which falls within the 60–65% range recommended by Dr. Sorensen, and should be acceptable to the mediator and Minor's Counsel.

4. The midweek overnight structure is logistically feasible given Mr. Medrano's North Hollywood residence and its proximity to Ridgeview Academy. The 50/50 summer schedule (35 overnights each during the 10-week, 70-day summer break) remains unchanged, as this was not a point of dispute. I recommend that this revised position be presented to the mediator and to KD&S as Ms. Fonseca's final offer on timeshare. Framing i

VIII. Budget and Timing Considerations Clients are appropriately sensitive to the financial cost of this proceeding, and the budget trajectory is a relevant factor in evaluating the desirability of a mediated resolution versus continued litigation. Legal Fees: Total Calderwood & Harkness fees billed through approximately this date (November 20, 2023) are estimated at roughly $105,000–$110,000. This figure encompasses

IX. Action Items The following action items should be completed in advance of Mediation Session 2 on December 15, 2023:

1. Prepare revised timeshare proposal reflecting the 232/133 overnight split (63.6% / 36.4%) with the additional alternating-week Wednesday overnights for Mr. Medrano, and transmit to KD&S for review. Target date: by December 1, 2023. Responsible: Devon Archer.

2. Draft updated DissoMaster calculations at the revised timeshare percentages (63.6% / 36.4%), as well as sensitivity analyses at alternative timeshare splits (e.g., 60/40, 62/38) for internal reference and potential use in mediation caucus discussions. Responsible: Nadia Petrov. Target completion: by December 4, 2023.

3. Prepare Mediation Brief for Session 2, incorporating the revised timeshare proposal, the two-option child support / extracurricular cost-sharing package, the narrowed scope of educational tie-breaking authority, and all other strategy adjustments recommended herein. Target delivery to Hon. Yee (Ret.): by December 8, 2023. Responsible: Devon Archer, with Nadia Petrov (financial exhibits).

4. Schedule a call with Ms. Fonseca to review the strategy adjustments outlined in this memorandum and obtain her authorization for the revised positions, including the timeshare concession, the two-option child support / extracurricular package, the potential domestic travel notice compromise, and the PPC proposal. Target date: week of November 27, 2023. Responsible: Devon Archer.

5. Coordinate with Minor's Counsel (Brannigan) regarding the revised proposals and ensure alignment ahead of Session 2. Share the revised timeshare proposal with Ms. Brannigan and discuss the rationale for the additional midweek contact, which directly addresses her stated priorities. Target date: by December 5, 2023. Responsible: Devon Archer.

6. Obtain credentials and availability for Dr. Marcus W. Ingalls, LMFT, as the proposed Parenting Plan Coordinator. Prepare a brief summary of Dr. Ingalls' qualifications, experience, and fee structure for distribution to Ms. Brannigan and KD&S. Target date: by December 8, 2023. Responsible: Nadia Petrov.

7. Confirm mediator availability for a potential third mediation session in January 2024 with Pacific Coast Dispute Resolution Services. Identify two or three available dates in the first two weeks of January and hold on the calendar. Responsible: Nadia Petrov. Target completion: by November 30, 2023.

X. Conclusion Mediation Session 1 produced meaningful and encouraging progress on several secondary but important i