Contract analysis

I. INTRODUCTION AND PURPOSE OF THIS BRIEF This Confidential Mediation Brief is respectfully submitted by Petitioner Marguerite Delphine Fonseca ("Ms. Fonseca") through her counsel at Calderwood & Harkness LLP in advance of the third and final mediation session in this matter, scheduled for January 19, 2024, before the Honorable Constance M. Yee (Ret.) at Pacific Coast Dispute Resolution Services. The purpose of this

II. PROCEDURAL BACKGROUND The following procedural history is provided for the Mediator's reference and to contextualize the issues addressed in this brief. Ms. Fonseca and Mr. Medrano registered their domestic partnership on September 12, 2015, with the California Secretary of State (File No. DP-2015-038741). Two children were born of the partnership: Isabela Luz Fonseca-Medrano on February 11, 2017, and Mateo Elías

III. SUMMARY OF ISSUES RESOLVED IN SESSIONS 1 AND 2 Before addressing the remaining open issues, Ms. Fonseca wishes to highlight the significant progress that the parties have achieved through the mediation process. The issues resolved in Sessions 1 and 2 represent the framework of a comprehensive custody and parenting plan, and Ms. Fonseca is grateful for the Mediator's skillful facilitation of these agreements. The

IV. REMAINING OPEN ISSUES FOR SESSION 3 Despite the extensive progress summarized above, three discrete issues remain unresolved as of the close of Session 2. Ms. Fonseca believes that the parties' positions on each of these issues are close, and that resolution is achievable within a single mediation session. Ms. Fonseca presents her final proposals on each issue below, together with the background necessary to cont

1. Background of the Dispute. The allocation of costs for extracurricular and enrichment activities has been a recurring topic of discussion throughout this mediation. During Session 1, Ms. Fonseca proposed that extracurricular costs be split in proportion to the parties' respective incomes, which would result in an approximately 72% Fonseca / 28% Medrano division. This proposal was consistent with the income-proport

2. Ms. Fonseca's Final Proposal. Ms. Fonseca proposes the following terms for extracurricular and enrichment activity cost-sharing: (a) Extracurricular and enrichment activity costs shall be split 60% Mr. Medrano / 40% Ms. Fonseca for activities costing up to $1,500 per child per quarter. (b) Any single activity, or combination of activities, the cost of which would exceed $1,500 per child per quarter shall require t

1. Background of the Dispute. During Session 2, the parties reached agreement in principle on the need for a formal travel notice framework to be included in the parenting plan. Both parties recognized that clear travel protocols are essential given their respective careers in the entertainment industry, which periodically require travel away from the Los Angeles area. However, the parties were unable to agree on spe

2. Ms. Fonseca's Final Proposal. Ms. Fonseca proposes the following travel notice and on-location work provisions: International Travel (outside the continental United States): (a) Either parent intending to travel internationally with one or both children shall provide a minimum of 30 days' written notice to the other parent, together with a detailed itinerary including destinations, accommodations, emergency contac

1. Background of the Dispute. During Session 2, Ms. Fonseca proposed the appointment of a Parenting Plan Coordinator — a neutral professional who would serve as a resource for the parties in resolving day-to-day scheduling disputes, interpreting ambiguous or unclear provisions of the Agreement, and facilitating the make-up time arrangements contemplated by the on-location work provision. The concept of a Parenting Pl

2. Ms. Fonseca's Final Proposal. Ms. Fonseca proposes the following terms for the appointment of a Parenting Plan Coordinator: (a) The parties shall appoint Dr. Marcus W. Ingalls, LMFT (California License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, as the Parenting Plan Coordinator. (b) Dr. Ingalls is a licensed marriage and fa

V. CONFIDENTIALITY AND NON-DISPARAGEMENT In addition to the three open issues discussed in Section IV, Ms. Fonseca proposes the inclusion of a mutual non-disparagement and confidentiality clause in the final Agreement. While this provision was not a disputed issue during Sessions 1 or 2, Ms. Fonseca believes it is an essential component of any comprehensive agreement and wishes to ensure that its terms are clearly ar

VI. SUMMARY OF MS. FONSECA'S COMPLETE SETTLEMENT PROPOSAL For the Mediator's convenience, the following table presents a comprehensive summary of all terms — both those previously resolved in Sessions 1 and 2 and those newly proposed for resolution at Session 3 — so that the Mediator and both parties have a single-reference-point overview of the complete proposed settlement. Ms. Fonseca submits that this comprehensiv

VII. THE CHILDREN'S BEST INTERESTS FAVOR RESOLUTION NOW Ms. Fonseca respectfully submits that the best interests of Isabela and Mateo strongly favor the resolution of all remaining issues at Session 3, rather than allowing this matter to proceed to a contested hearing. Both children are thriving at Ridgeview Academy. Isabela is now in the second grade, where she has formed strong friendships and is performing at or a

VIII. CONCLUSION AND REQUEST Ms. Fonseca has negotiated in good faith throughout this mediation process and has demonstrated her commitment to reaching a fair resolution by making meaningful concessions at every stage. Specifically, Ms. Fonseca has: • Accepted a below-guideline child support payment of $1,100 per month instead of the DissoMaster guideline amount of $1,274 per month — a difference of $174 per month, o