Divorce and Family Law Mediation
In family law mediation, both sides meet with a neutral person called a mediator. The sides might be divorcing spouses or separated parents. If either side has an attorney, the attorney usually attends too. Mediation can happen in person or by video.
The mediator helps you sort out the issues, talk with each other, and reach an agreement. Some mediators also share their sense of how a court might handle a certain issue.
However, the mediator stays neutral and doesn’t take sides. The mediator also doesn’t make the agreement for you.
Mediation is confidential. In general, neither side can use what was said in mediation as evidence later. Also, neither side can call the mediator as a witness.
The mediator has no power to decide anything. So you never have to agree to something you’re not comfortable with.
Judges usually expect both sides to make a good-faith attempt at alternative dispute resolution (ADR) before trial. Mediation is one of the most common forms of ADR.
If mediation doesn’t work, either side can still take the case to court.
Advantages of Mediation
First and foremost, if you reach a full agreement in mediation, you can wrap up the case. Your agreement goes to the judge and generally becomes a court order. As a result, you save time, money, and the stress of a long trial.
Mediation also lowers your risk and keeps you in control. If you don’t agree, a judge decides the issues instead. That could leave either of you much worse off than a settlement would. In many trials, one side clearly “loses,” or at least feels like it did.
In addition, children tend to adjust better when their parents work together and reach their own agreements.
Mediation can work well in many kinds of family law cases. For example, it can help in divorces, child custody cases, and spousal maintenance disputes.
In fact, mediation is so useful that a judge may order both sides to try it. That way, you can resolve your disputes with as little court involvement as possible.
A court will not require mediation in cases involving domestic abuse. Otherwise, mediation is worth considering in most family law cases. Many mediators advertise online. Also, the Minnesota Judicial Branch keeps a roster of qualified neutrals, called the Rule 114 roster.
Related reading: Early Neutral Evaluation (SENE and FENE).
Have another divorce or family law question? See our list of topics or the FAQ page.
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