Mediation is a form of alternative dispute resolution (ADR) that helps people going through divorces and other family law matters. The mediator is a neutral person who helps the parties find common ground and reach a settlement in a safe environment. The process is voluntary, and it requires openness and willingness to participate. The Law Shop of Minnesota are experienced family law mediation attorneys who have helped many people find amicable paths through their divorces in Minnesota. If you and your spouse want to craft a mutually-agreeable resolution, TLSMN is available to provide support as a mediator.
Mediation is a form of guided negotiation. Minnesota Court Rules define it as “a forum in which a neutral third party facilitates communication between parties to promote settlement.” The parties to any type of dispute can use mediation to work out a settlement.
Divorce mediation is a common way for spouses to avoid the combative side of divorce. A divorce mediator can identify the key issues that need attention and can help the spouses find settlement options that would benefit both of them.
The process works best when both spouses agree to work together with the mediator to find mutually agreeable outcomes on all of the disputes in their divorce. They must both be completely open about important information, such as income, assets, and debts.
A mediator receives training in conflict resolution. In order to serve as a divorce mediator, an individual must receive additional training in issues specific to divorce and other family law disputes, including:
An individual does not need to be a licensed attorney to be a mediator, but legal education and experience can be an enormous benefit in many disputes. This is especially true for divorce mediation. A divorce mediator who is also a family lawyer has experience in and knowledge of Minnesota’s family laws, its court system, and the types of questions judges are likely to ask about divorce settlement agreements.
One of the most important aspects of a mediator’s job is neutrality. A mediator will not take sides in a dispute. A family attorney who serves as a divorce mediator cannot give legal advice to either spouse involved in a mediation because they are not representing the clients. The mediator focuses on helping both clients identify their needs and concerns, identifying issues and gathering necessary information, managing communication and conflict, and finding ways to help them reach agreements on important issues.
In a divorce or post-divorce mediation with The Law Shop of Minnesota, the mediator will meet with each of you in an individual session to prepare for mediation and then schedule joint 2-hour sessions to work towards settlement. They will begin by helping you identify the issues that you need to resolve and what documents you need to gather. Then TLSMN helps you develop options for division of assets, cash flow and parenting issues so they can then facilitate the negotiations on the issues to reach settlement.
TLSMN is committed to making sure each party in a divorce mediation feels heard and understood. Each of you will have opportunities to state what you want and to suggest compromises. TLSMN mediators are skilled at reframing issues in ways that help parties see things from one another’s point of view. They can then help you develop settlement options that can work for both of you. Understanding what each of you thinks is fair and why it is important, because what is “fair” can mean different things to each of you. Understanding what interests drive your sense of fairness can help break impasse.
Once you reach an agreement, TLSMN will assemble a summary of agreements and documents that can facilitate the drafting of the final decree of divorce. Because they are attorneys, TLSMN knows what is needed for drafting the final legal documents but as a mediator, they does not draft the legal documents. If you have children and you do not want to appear in court, Minnesota will require that you each have attorneys signing off on the court documents. TLSMN can direct you to attorneys who will support your work in mediation to complete the final steps.
Divorce mediation presents many advantages over a more traditional, litigious divorce.
The divorce mediation process consists of scheduled meetings with you, your spouse, and the mediator. You could achieve a settlement after only one or a few meetings, depending on the complexity of your issues and readiness to make decisions. You are not subject to court schedules and other factors that can slow divorce cases down.
When you let a mediator help you resolve your disputes, you do not have to spend time preparing for court appearances. You do not have to pay attorney’s fees for all of that time. Attorneys can be used as needed and to draft the court documents. TLSMN knows attorneys who will provide good guidance if and when needed and focus on respectful resolution.
A divorce case in Minnesota is, in essence, a lawsuit between two spouses. Our court system is not built to promote the peaceful, respectful settlement of disputes, unfortunately. Lawsuits are usually a matter of “winning” and “losing.” Divorce is not like that for most people.
Divorce mediation helps you avoid the sort of conflict that is built into our courts. A mediator can guide you toward an amicable, mutually agreeable outcome that allows you to transition to a new stage of your life.
Divorce mediation puts you and your spouse in control of the process and outcome. You make the important decisions, and you have the final say over the terms of your settlement. You are not bound by decisions that a judge makes for you. Under Minnesota law, anything said or offered during a mediation is confidential, allowing everyone to speak freely.
If the parties to a divorce have children, their relationship will not end when a judge grants the divorce. They will continue to work together as parents. Divorce mediation eases the transition from “married couple” to “co-parents” by helping them resolve disputes without unnecessary conflict and establish new boundaries and expectations around parenting.
TLSMN practices in the Twin Cities area. For more than twenty years, they have helped families resolve disputes involving divorce, child custody, paternity, pre- and post-nuptial agreements, and other issues. TLSMN uses Minnesota’s collaborative and mediation processes to assist their clients in transforming their relationships. Please contact us today online or at (651) 344-6100 if you need help with collaborative law, divorce mediation, or another family law issue.
TLSMN also offers a comprehensive workbook package called Our Family In Two Homes. This innovative and practical resource package combined with the firm's guidance is designed to help families work through the process of transition to life after divorce.
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