Mediation

What is mediation, and how can it help you resolve your divorce as quickly and inexpensively as possible?

Divorce is often a process filled with conflict. When a couple decides to get divorced, they’ve usually been in conflict for a long time, and it can be hard to break those patterns. In addition, divorce involves emotionally sensitive issues that can make conflict almost unavoidable. Child custody issues, parenting time, property division, and spousal maintenance are all topics both spouses are likely to feel emotional about, making communication difficult.

Mediation can help you resolve these issues with as little conflict as possible. Mediation is used to resolve the majority of divorce cases in Minnesota. Attorney Heather Olson of Olson Law LLC is a certified mediator and a family law attorney. She can represent you as your attorney to protect your interests in your divorce or provide mediation services to help you resolve your disagreements.

Alternative Dispute Resolution in Minnesota

Mediation is one type of alternative dispute resolution or ADR. ADR processes help people resolve disputes outside the court system. Alternative dispute resolution can help you by:

• Saving money
• Saving time
• Reducing stress
• Giving you more control over the outcome than you would otherwise have
• Improving your relationship with your ex. This will make it easier for you to co-parent together in the future

Qualified Neutrals

In Minnesota, a mediator is one type of Qualified Neutral. Qualified Neutrals are licensed professionals of various kinds, including:

• Attorneys
• Psychologists
• Social workers
• Mental health professionals

Qualified Neutrals facilitate ADR processes such as arbitration, early neutral evaluation, and mediation. In a Minnesota divorce case, mediators serve as Qualified Neutrals to help the couple resolve the divorce terms.

Advantages of Mediation

If you have disputes with your ex over child custody, spousal maintenance, property division, or any other divorce terms, mediation offers several advantages over going to court. For example:

Mediation is a private and confidential process
Mediation is usually less stressful than a divorce trial
Mediation encourages cooperation between you and your ex
The mediator will help you work together to resolve your disagreements
Mediation often produces more long-lasting agreements
Mediation often allows you to complete a divorce more quickly
Mediation is often less expensive than a trial

Is Mediation Right for Me?

Mediation isn’t the right choice for everyone or every divorce case. Mediation may be right for you if you can set aside your anger with your spouse and search for a solution to your issues so you can proceed with the divorce. Mediation may not be right for you if you do not yet have all the information you need about your spouse’s assets or other factors essential to a settlement. Mediation may not work for you if you don’t think you can work together with your spouse to come to an agreement on the issues between you. If you use the services of a mediator but then fail to agree on a divorce settlement, you could end up paying for both a mediator and the usual expenses of a divorce trial.

What Can a Mediator Do to Help?

As a neutral and professional third party, a mediator can help you in several ways. For instance:

A mediator can help you improve communication with your ex.
A mediator can help your ex understand your position and can help you understand your ex’s position.
A mediator can help identify the strengths and weaknesses of your legal position and your spouse’s.
A mediator can help identify areas where you and your spouse already agree.
A mediator can help explore the dispute in terms of your needs and interests, not just the law.
A mediator can help you explore possible ways to resolve your disagreements and reach a divorce settlement.

How to Prepare for Mediation

If you’re planning to use mediation to resolve your Minnesota divorce, here are some steps you can take to prepare for mediation:

Make a list of your goals in this divorce case. What kind of custody and parenting time arrangements do you want? Are you hoping to receive spousal maintenance? How do you want marital property divided, and is there any piece of property you’re especially attached to?
Make a list of your needs in this situation. For example, do you need to preserve access to your children? Do you need to feel respected? Do you need to keep something important to you?
Rank your goals and needs so you know which are priorities and which are issues you’d be prepared to compromise on. Sometimes, you can achieve one of your priority goals by making concessions on lower-priority issues.
Ask yourself what your spouse’s goals and needs are likely to be. You may not see things the way they do, but the more you can understand how they look at the issues, the easier it will be to resolve them.
Remember that the discussion will not be solely about the law. If your case goes to trial, the court will rule according to Minnesota divorce law. In a mediation, the discussion will be about how to meet both partner’s needs to the greatest extent possible. If you can find a solution that satisfies both of you, that’s better than strictly following the terms of the law.
Come up with a few proposals to address your goals and needs while also addressing the goals and needs you think your spouse has. Your ex may agree to one of these proposals or may propose a modification that becomes your final settlement.

Is Mediation Binding in Minnesota?

No, mediation is not a binding form of alternative dispute resolution. The court may order mediation in your case, but that doesn’t obligate you to agree to terms with your ex. Any agreement you make is strictly voluntary. If you and your ex agree to a divorce settlement, a judge must approve it before the settlement becomes final.

If We Settle the Divorce, Do We Still Have to Go Through a Trial?

No. If you agree on a divorce settlement and a judge approves the terms, you will not need to go through a divorce trial. The faster process and reduced stress of resolving the divorce without a trial are why so many people choose mediation.

Contact a Minnesota Mediator and Family Lawyer Today

Attorney Heather Olson of Olson Law LLC can assist you in one of two different ways if you decide to pursue mediation in your divorce:

If you’re looking for a certified mediator, Attorney Olson can help. She has served as a mediator in many divorce cases and takes pride in her ability to help people reach agreement despite the issues that divide them.
If you’re looking for a family law attorney, she can represent you throughout your divorce. It’s always a good idea to have a lawyer protecting your interests as you go through the mediation process.

Attorney Olson cannot serve as a mediator and an attorney on the same case, as that would be a conflict of interest. Your mediator must be a neutral third party with no personal interest in the results of the case.

If you need help with your divorce in Minneapolis-St. Paul, the west metro, or St. Cloud, Minnesota, contact Olson Law LLC today.