Family Law Updates

Mediation is a confidential process where a neutral third party facilitates communication between parties. The ultimate goal of mediation is to promote a settlement between parties, although mediators are not to impose their own judgment to achieve this result. Minn. Gen. R. Pract. 114.02(a)(7). While mediators are beneficial in identifying common interests between parties and fostering conversation to assist in a resolution of issues between the parties, it is important for parties to remember that they retain their autonomy during the mediation process. Parties are encouraged to participate with the best of intentions; however, they keep their decision-making power. Mediators will not make decisions for the parties but will make recommendations that parties may or may not agree to.

Choice of Mediator

Mediators are often selected by the parties. The task of choosing a mediator is a personal choice and may reflect similar processes a party uses when hiring any expert to perform a job. Some mediators are more tailored to certain cases than others. For example, in the family law setting, mediators may have specialties in asset management, child custody, or others. If the parties cannot reach a resolution on who to use as a mediator, a court may step in. Parties also typically share the cost of mediation, although this practice can also be modified by the court.

Mediation can occur at any time prior to service of the matter or during the pendency of a legal proceeding. Mediation can be used to completely bypass the court process and court filings or used as a supplement to a filed court case. As stated earlier, mediation is a confidential process, and mediators cannot be called upon to testify in any subsequent legal proceedings between the parties. Additionally, any negotiations arranged during the mediation cannot be used as evidence in subsequent hearings.

The Benefit of Attorneys at Mediation

Attorneys are typically present during mediation. Attorneys may also facilitate in the exchange of information and documents prior to mediation. Mediation that occurs after the discovery process may be especially productive, as the parties have ideally exchanged and know all relevant information for any issues they wish to address. That being said, mediation usually requires its own exchange of financial and parenting information. This allows the mediator to develop an agenda best arranged to discuss their recommendations based on the information given and goals expressed. Mediation is least effective if there remains a fact issue that needs to be determined.

Family Mediation Topics

Specifically in dissolution proceedings, mediation can help address the issues of asset division, custody arrangements and parenting time, spousal maintenance, and child support. In many cases mediation, or even a few mediations, may be faster, less expensive, and less contentious than using only court proceedings to settle a divorce. Even if no agreement is finalized during mediation, the parties may walk out having a better idea of what issues are important to them and how to move the case forward. During the process of mediation, parties are working cooperatively to come to an agreement. Ideally, this mindset continues past the confines of the mediation. Mediation may also allow more creativity on issues like asset division and parenting time arrangements, although courts will generally disfavor severely lopsided mediation agreements.

Domestic Violence and Mediation

Despite the benefits of mediation, the process is not suited for every couple. Couples with a history of domestic violence are not suited for mediation for a number of reasons, but mainly due to the existing extreme power imbalance between the parties and the fact that mediation works best when parties feel they can speak freely. Other couples who are not willing to be open and agreeable to the mediation process are also not suited for mediation.

Mediation is a valuable tool to consider for parties facing a divorce. Parties that successfully complete the mediation process divorce faster, less expensively, and, more likely than not, more amicably than those that choose the traditional divorce system. Remember that mediation is a process. Mediators will often take time going back and forth between the parties in order to best identify the recommendation that best accommodates the desires of each individual party, as well as the dissolution process as a whole.

Expert Family Law Representation

At Lake Harriet Law, we work diligently to obtain the best possible settlement and case outcome for each client.  If you are considering a divorce, contact our team to begin designing a legal strategy.  

Randall A. Smith – Managing Attorney              612-750-4843

Brianna Attamante – Student Attorney              612-223-8925

Brooke Meister – Student Attorney                     612-223-8925