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Alternative Dispute Resolution (ADR) is a way to resolve disputes while avoiding the hostility and expense of litigation. Increasingly, courts are requiring that parties in a dispute attempt some form of ADR to resolve their problems.

Mediation is a form of ADR that uses a neutral third party to facilitate an agreement between the parties. Mediation is a way for divorcing spouses, former spouses or separating partners to reach an agreement about the issues relevant to their lives. By mediating their case, parties are able to avoid an expensive, drawn-out court battle.

Who Benefits?

By reducing conflict, mediation can make a divorce less painful for everyone - especially the children. Mediation focuses on the needs of the children and parents who are discouraged from using the children as bargaining chips.

Mediation is especially valuable when custody, visitation or financial issues require a creative approach. Families tailor an agreement that fits their individual values, lifestyles and schedules. Parents can redefine their relationship in order to co-parent their children.

Mediation fosters cooperation and communication and encourages mutual problem solving instead of prolonged court involvement. Your attorney's time and expertise is used to finalize your agreement rather than resolve disputes.

Does Mediation Work?

Whether mediation "works" depends upon the parties involved. If parties are able to discuss their concerns, a working relationship evolves between the parents, so that even future disagreements can be resolved.

Communication, cooperation and compromise are the key ingredients to successful mediation. If you can trust one another to be honest, mediation can be a helpful tool in creating a healthy relationship for parenting.

Is Mediation For Everyone?

Mediation is not recommended if:

• One or both parties is unable to be objective.
• There has chemical, physical, mental or sexual abuse.
• If one party will not cooperate.
• If the parties use their children as weapons or pawns.

It is important to inform the mediator, your attorney or the court if any of these conditions exists. Normally, mediators will not continue once these conditions are brought forth unless there has been a considerable amount of healing and recovery.

How Does Mediation Work?

• Each party should meet with an attorney before mediation occurs to be advised of his/her legal rights.
• Divorce mediation is a voluntary process of negotiated problem solving. The parties express their views and participate in decision making. The mediator does not decide what is right or wrong, instead the mediator helps the parties reach an agreement by exploring options available to them.
• The mediator does not represent either party and has no duty to provide legal advice or information to the parties.
• Each party should review the mediated agreement with his/her attorney before signing.
• Mediation allows participants to reach terms that are agreeable to both parties, thereby creating a fair settlement of parenting and/or financial issues.

Are Attorneys Needed?

Although parties who are mediating are not required to have attorneys, it is always a recommended. Only an attorney can offer legal advice.

How Do I Choose A Mediator?

Choosing a mediator is similar to selecting an attorney, therapist or other professional. Your choice will depend upon your needs and your personal views. A mediator should have appropriate training, experience, cultural sensitivity and most importantly, a communication style that best fits the needs of both you and your partner.

It is important to choose a mediator that has experience in family law matters. Mediators have a variety of backgrounds (e.g. attorneys, psychologists, social workers, the clergy, etc.). Some agencies adopt a co-mediator model to ensure gender balance.

The MN Supreme Court requires divorce mediators complete a 40 hour training course and mediators must provide biographical information setting forth their training and qualifications.

Mediation services can be provided by the court, non-profit agencies, for-profit organizations, as well as community based services. Many attorneys, marriage therapists, and clergy can recommend mediators they have worked with in the past.

To assure that a mediator is not influences by either party, mediators try to avoid contact with individuals outside the mediation setting.

How Long Will It Take?

The length of mediation depends upon:

• The issues.
• The ability of the parties to cooperate and communicate.
• The emotional stability of all involved.
• The commitment of both parties.

How Much Will It Cost?

Mediation can save money if you and your spouse can reach an agreement with the assistance of a trained professional.

The cost of mediation depends largely upon the amount of time involved. Most issues can be resolved after one or two sessions.

Mediators can charge by the hour or by the session. Hourly fees vary. In general, non-profit agencies have lower rates. Some mediators set fees on a sliding-fee-scale based on income. Costs may be divided between the parties with payments made at each session.

Parenting Time (visitation) Expeditor in Minnesota
Involvement of a Parenting Time (visitation) Expeditor in Minnesota can be stipulated to by the parties (by agreement) or ordered by the court. The Expeditor's role is to interpret the court order, after the divorce, as concerns Custody and Visitation matters. The Expeditor, by law, first attempts to help the parties Mediate the parenting time dispute. If the Mediation fails, in some cases the the Expeditor can rule on behalf of the court with a binding order (arbitration), which the parties must adhere to.