Minnesota Divorce Mediation
In a divorce proceeding, the divorcing couple can choose to meet with a neutral, third-party to try to resolve their disputes. This “third-party” is often referred to as the “mediator”. The purpose of this proceeding is to try to resolve all outstanding issues without the need of court proceedings.
Furthermore, the issue of mediation of child custody is discussed in Minnesota Statute 518.619. However, despite specific statutory reference on the issue, the parties are allowed to mediate on all issues related to the divorce.
The idea behind all mediation – be it child custody or another issue – is to reduce the fighting that may exist between the parties. Reaching an agreement is often a much more agreeable approach to complex legal matters like child custody. After all, the child’s best interest is what is at stake and the court will always uphold the statutory best interest of the child.
How Minnesota Divorce Mediation Works
When the parties do meet with the mediator, the mediator does not act as an “advocate” for either party. Rather, the mediator acts as a disinterested neutral who assists the parties to reach resolutions on their own. Most often, the act of mediation is voluntary. Nobody is legally “required” to mediate. However, many parties choose to mediate because it is quicker and more cost-effective than going to court.
Often, even if a case does go to court, the court may Order the parties into mediation. This is a non-voluntary Order to “try” to work things out civilly with a mediator. However, again, there is no requirement that the parties reach a settlement – despite being court-ordered to be there.
Flanders Divorce and Family Mediation
Joseph M. Flanders has years of experience acting as an advocate, attending mediation, and acting as a mediator for parties. Mr. Flanders believes in parties taking their lives into their own hands rather than having a court making decisions about people’s lives. Contact Mr. Flanders today to discuss whether mediation is right for you at 612-424-0398.