Minnesota Divorce/Family Law Mediation

You may have heard of “alternative dispute resolution” or ADR. The alternatives include, arbitration, mediation, combination of mediation and arbitration and other out of court options for solving the conflicts you may have with your spouse, former spouse or partner.

Mediation is probably the most common method used in family matters. It is a facilitative process which means that a neutral person, the Mediator, helps the clients create their own solutions to their conflicts that reflects each person’s needs and values. As a family law attorney for over 15 years, I am well-versed in the variety of issues common to divorcing couples and their families.  I have had additional training specific to family law/divorce mediation and am on the Supreme Court roster of qualified neutral mediators. The goal is to end up with a written agreement that everyone feels is fair and best for them and their family into the future.

Benefits

Mediation is beneficial at any point in the legal process. Why?

• Flexibility- unlike the rules of court procedure, you can choose the pace of the process and work together to schedule meetings and times that work for you.

• Affordability- mediation costs a fraction of what it would cost to litigate in court.

• Control over the outcome- probably the biggest benefit is that you get to design your future instead of having a judge design if for you. No one knows your family or finances the way you do. Most everyone feels more satisfied with a negotiated agreement than with a court order.

• Privacy- everything discussed in mediation is confidential. Neither the mediator nor anything talked about in mediation can be brought into court.

The process

Mediation is a fairly informal process. Clients come to my office and we sit comfortably around a table. Ground rules are discussed and then each person will have an opportunity to speak about the things they want to accomplish in mediation. I will ask questions to get at the crux of the conflict. Different scenarios are developed that might work for both parties as to division of property, calculations for spousal maintenance, child support or calendars for parenting.

Domestic Abuse

Those who have experienced domestic abuse at the hands of the person with whom they wish to mediate or who simply do not feel safe or comfortable in the same room with their partner or spouse may negotiate separately and at different times and can bring friends or relatives for support.

It is important to know that mediation is a voluntary process. Any agreements reached are non-binding until it is turned into an official court order. Part of our services is to draft a Memorandum of Understanding that can be used as the basis for a formal legal document submitted for court approval.

Costs

I offer a free 30 minute consultation so we can meet each other and answer any questions you may have about the process or my experience. The sessions are in 2 hour increments at $185 per hour. Your situation may require one session or a series of sessions. I charge a flat fee of $500 for drafting of the memorandum of understanding.