Divorce is very serious and can force a couple to have very serious decisions to make. These decisions can include child support, custody, spousal maintenance, visitation with children, and division of property. Mediation helps you to close out the marriage in a way that is as civil as possible. A divorcing couple is able to put the past behind them and facilitate a more peaceful dissolution to their marriage. This allows both parties to focus on moving forward with their lives.
It is important to note that mediation is non-binding. This means that the person acting as the mediator is not authorized to force either party to agree to anything. Mediation is also confidential. Nothing said during mediation can be used against either one of the parties involved.
Mediation is a valuable tool in conflict resolution. Your Minnesota divorce attorney may have advised you to contact a mediator. It is also possible that the court has ordered you to use family mediation to settle disputes. Regardless of why you need mediation, the ultimate goal is conflict resolution.
When seeking conflict resolution, divorce can seem less fearful and uncertain because a couple can make well-informed decisions. You are able to be aggressive toward the problem and not each other. Together, a fair resolution can be reached that will work for both of you and your children now and in the future.
Alternative dispute resolution, or ADR, is a technique used in conflict resolution that can help you avoid the financial and emotional cost of divorce in a court of law. In MN, mediation is a form of ADR that uses a neutral third party to facilitate an agreement that can solve disputes. These disputes can involve child support, custody, parenting time, property division, and the actual separation of the married couple.
Whatever is agreed upon in mediation is technically a tentative agreement because the agreement still needs to be drafted into a stipulation. This stipulation shows that the parties agreed on the facts and can make the job of the judge much easier. Once the agreement is made public in open court, it is then binding.
It is very important to ensure you do not agree to anything without consulting with a Minnesota divorce attorney first. This is so you don’t realize later that what you agreed to was not what you wanted.
It is also advisable to not approach the mediation process with the attitude that you are going to convince the other party to do things your way. This is not the purpose of mediation. Most of the time both parties simply compromise.
If you need legal assistance during the mediation process, call us for your free initial consultation or fill out the form on this website. You should always know what you are agreeing to and we are here to help you through the process.