Rochester Minnesota Mediation

Mediation - Alternative Dispute Resolution

Courts in the State of Minnesota require the parties in every contested litigation to engage in some form of alternative dispute resolution (ADR). One of the most common forms of ADR is mediation. Mediation is a non-binding process in which the parties involved in a dispute resolve their disagreements outside of the courtroom with the help of a third party, the mediator.  The mediator acts from a neutral standpoint to assist parties in reaching their own agreements regarding the matter at hand. The mediator does not give advice to either party but rather facilitates the process with an open and free exchange of information. In a Rochester Minnesota divorce, mediation may be useful in helping the spouses work out many issues that must be addressed like spousal support, child custody, child support, parental responsibilities and asset division.  

Advantages of Mediation

Mediation can be very beneficial in the divorce process. If the parties are able to come to an agreement, they will save a substantial amount of money as compared to protracted litigation. Additionally, if the parties are able to come to their own agreement with the assistance of a mediator, they are able to craft an arrangement that better suits their needs than what a judge might order after a contested trial.

Mediation Costs

Mediator costs in Southeastern Minnesota vary. Some counties have court-provided mediation at little or no cost. Other mediation agencies have sliding fee scales and charge according to the parties’ income. These mediators usually focus on custody, parenting time, and child support issues. For complex property issues, a private mediator may be advisable. These mediators tend to be experienced attorneys who charge between $200 and $250 an hour. You should expect to be responsible for half of the costs, with your spouse being responsible for the other half.

What a Mediator does

A mediator can assist you in your divorce by informing you and your spouse of the standards courts use in resolving divorce issues. A mediator will also discuss your options on various issues, provide guidance through the negotiations, and suggest creative ways to settle differences.  Mediators may also prepare the necessary divorce paperwork if you desire. Each spouse is free to discuss their wants and their needs in a friendly and confidential environment. The mediator cannot force either spouse to agree to a settlement but instead serves as the host, relaying information to both parties. Additionally, pursuant to the Rules of Evidence, any actions or offers of compromise discussed during mediation cannot be used against a spouse if an agreement is not reached and the matter proceeds to trial.

Request a Free Consultation

If you have additional questions about Mediation in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.