Minnesota Divorce Mediation Lawyers
What is divorce or family law mediation?
In Minnesota, a growing number of divorces and other family law cases, involving such issues as visitation, property division, alimony, and unique circumstances such as relations with grandparents or stepfamilies, are being settled outside of the courtroom through mediation. In mediation, a trained professional works with both parties and their attorneys to identify and accommodate the best interests of all parties involved. The opportunity to mediate allows parties to take the time to address all their concerns and, with the mediator’s help, to reach a workable compromise. Mediation allows the parties to come to more creative agreements that actually work for the parties, rather than allowing a judge make decisions for them.
Individuals may mediate before separation, and before, during and after the divorce process. In fact, a final divorce decree can state that for future conflicts, parties agree to first seek mediation to resolve problems that come up after their divorce is final.
What happens during mediation?
During the initial stages of mediation, the parties will likely participate in an identification of the issues at the heart of the dispute and each party’s goals. Once the issues are determined, the mediator will assist the parties in exploring potential solutions to the dispute and facilitate decision-making for each issue the parties have identified. Finally, if the parties can come to an agreement, the mediator will help the parties put the agreement on paper. The agreement, if any, reached during mediation is not binding on the parties, though the parties have the option of presenting their agreement through an attorney to a judge, who will sign the agreement and make it into a binding court order.
Why should someone mediate?
Minnesota courts are already incorporating elements of mediation into the court process because mediation is less expensive and less time consuming for all parties involved and the courts. Sometimes the court will order the parties to try mediation-for example, in some jurisdictions within the state, child custody disputes are automatically sent to mediation. In other situations where there is no court ordered mediation, the parties themselves choose mediation, possibly because court processes might take months or even years and might involve costs that outweigh the benefits to the parties. On the other hand, it’s possible for the parties to arrive at a mediated agreement in a couple of hours or in sessions over a few weeks.
Participants in mediation report being happier with the outcome of their cases than people who go to court with their divorce or other family law case. Because they played a part in reaching an agreement, they have a higher commitment to upholding the settlement than people who have a judge decide for them. Mediations end in agreement 70 to 80% of the time and have high rates of compliance.
Contact Us For A Free Consultation
While some parties in a divorce may prefer to take the adversarial approach and want their day in court, most recognize the value in mediating cases and being able to move on with rest of their lives. Whatever your goals are in a family law case, the family law attorneys of Germscheid & Heimerl are ready and willing to assist you in reaching them. Contact us today to discuss your case and see which approach is right for you.