A popular option to resolve a divorce or family law matter is mediation. Mediation is a process in which both spouses meet with a neutral person trained to help them come to an agreement. Mediation can be conducted formally or informally and with or without lawyers.
In some Minnesota counties, the court provides mediators on issues concerning the custody of the children at little or no cost. Property issues may require a private mediator, the cost of which is typically split among the parties.
Mediation is confidential and non-binding. The Mediators cannot force the parties into a settlement. Rather, mediators keep everyone focused and facilitate the exchange of information. Mediation is not appropriate in all cases, particularly those in which there is a history of domestic abuse among the parties. The actions and concessions of a party during mediation cannot be used against them in court.
The key advantage to mediating is that it may lower the overall cost of completing your case. It may also save you time, as it often takes a year or more to move a divorce through the courts. Because of the obvious benefits, Minnesota courts will often require the parties in a divorce to mediate.
A mediator must remain neutral during the mediation process. A mediator cannot offer either party specific legal advice or protect any of your rights during the process. Because of this limitation on mediation, it is important to consult a family law attorney that can advise you about and protect your legal rights during the mediation process.
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