Minneapolis Mediation Attorneys
Alternative dispute resolution methods, such as mediation, have been growing in popularity. Such methods allow spouses to resolve their divorce matters in a manner that is mutually acceptable.
For couples who are looking to resolve their divorce issues in an amicable manner but require the assistance of a neutral, third-party, mediation may be a viable option. Mediation is an informal dispute settlement process intended to bring two parties together to sort out their differences, resolve any conflict, negotiate, and reach a resolution. One of the main draws to mediation is that everyone involved can present their viewpoint, issues, concerns, and other matters openly and honestly.
Understanding the Mediation Process
Mediation is a process where a neutral third-party individual, called a mediator, works with a couple to help them resolve the issues present in their divorce proceedings. The goal of this process is to negotiate a win-win divorce settlement by empowering the couple to create their own agreement based on their family’s unique needs. Mediation is a more cost-effective and private way to settle family law issues that a couple is having a difficult time resolving on their own.
Key Benefits of Mediation for Couples
Mediation is confidential and non-binding with mediators focusing on facilitating information and guiding individuals towards a settlement. While mediation is not appropriate for all situations, especially if a history of domestic abuse is present, it offers another alternative to litigated divorce that has many positive benefits.
Mediation has various benefits, including the following:
- Less expensive than going to court
- Results in a settlement
- Confidential with no public record
- Gain more control over the process
- Allows you and your spouse to come to a resolution together
- Improves the communication level between you and your spouse
You are still able to consult with an attorney during your mediation sessions if you wish. Mediation does not eliminate the need for an attorney, and you may want to include a seasoned attorney to run the discovery process or help you with completing divorce paperwork.
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Step-by-Step Overview of the Mediation Process
A typical mediation session will go as follows:
- The mediator will welcome you and make introductions. He/she will explain the process, including any rules. After, the mediator will ask for statements from each party.
- After both parties have spoken, the mediator may ask more questions to clarify any issues and provide more context to each side.
- At this point, the mediator may ask the parties to get together separately to discuss among themselves. The mediator will speak with each party, propose solutions, brainstorm scenarios, and try to get each party to figure out a settlement collaboratively.
- The mediator will go back and forth between the parties during this time, clearing up misunderstandings, and providing information, proposals, and points of agreement.
- The mediator will work to find points of agreement between the parties to reach an agreement. At some point, the mediator may pose a final agreement for the parties and urge them to accept if they cannot do so without his/her help.
