Divorce Mediation – An Alternative To Letting The Judge Decide
Mediation is a process that lets both parties and their attorneys sit down with a neutral mediator to work out an agreement that is as satisfactory as possible to both sides. Coming up with your own solutions on how to divide property and assets, time with your children and other legal issues gives you more control over what happens after the divorce is finalized. Even if you and your spouse are unable to agree on everything, the more the two of you can work out for yourselves, the better it will be for everyone involved.
As a certified mediator and the principal lawyer of Dwire Law Offices, in Lakeville, Minnesota, Todd Dwire uses divorce mediation to help our clients and their spouses come up with suitable arrangements to separate their lives and share time with their children. We find that mediation is the most cost-effective method of reaching an agreement for our clients’ final divorce decrees.
Is Mediation Required In Minnesota Divorces?
Mediation, or some form of alternative dispute resolution (ADR), is required if the parties have not already come to an agreement prior to the initial case management conference (ICMC). We strongly recommend having our attorney attend the mediation session with you to answer any questions you may have and to represent your best interests during the mediation. Mediation is a very useful tool for resolving differences and coming to a compromise, but it is not a substitute for having legal representation.
Is Mediation Binding?
Divorce mediation can be binding if you and your spouse sign a mediation memorandum to be submitted to the court. If you do not sign this memorandum, the mediation remains confidential and terms and proposals discussed in mediation cannot be submitted to the judge.
What Are The Advantages Of Mediation?
Mediation allows you and your spouse to make the decisions that will affect the rest of your lives. Otherwise, you risk leaving them to a judge who knows little about you, your situation, your family or your goals for the future. It also saves considerable time, money and effort, as most issues can be resolved efficiently.
Finally, it has the potential to leave you and your spouse feeling like you have each gotten a fair deal, setting up the framework for a better working relationship for co-parenting as you go forward with your lives.
How To Prepare For Divorce Mediation
Divorce mediation is an effective way for couples to resolve disputes in a more amicable and less costly manner. However, preparation and an understanding of the process are required to make it successful.
By being well-prepared, you can have a smooth mediation process and achieve the most favorable outcome for your situation.
- Understand the mediation process: Divorce mediation involves a neutral third-party mediator who will facilitate communication between you and your spouse to help you reach an agreement on key issues such as asset division, child custody and support. The mediator does not make decisions for you but helps guide the discussion to find mutually agreeable solutions.
- Gather necessary documentation: These may include tax returns, pay stubs, bank statements, retirement account information and any other financial records that can provide insight into your financial situation. Having these documents organized can make the mediation process more efficient and allow both parties to make informed decisions.
- List your priorities and goals: Before the mediation session, take time to reflect on your priorities and goals. Think about what you hope to achieve through the mediation process and where you may be willing to compromise. Understanding your goals can help you stay focused during the negotiation and avoid getting sidetracked by emotions.
- Be open to compromise: While you may have strong feelings about certain issues, try to approach mediation with the mindset that both parties will need to make concessions. This can help foster a productive environment that leads to a fair resolution.
- Consider legal advice: While divorce mediation is not the same as going to court, it is still a good idea to consult with a divorce attorney before mediation. An attorney can provide legal feedback and protect your rights during the process. You do not need to have your attorney present during mediation, but their guidance beforehand can be invaluable.
By properly preparing for your divorce mediation, you can improve the chances of a positive outcome. Mediation can be a productive way to finalize your divorce while maintaining a respectful relationship with your spouse, especially when children are involved.
Contact A Minnesota Divorce Mediation Attorney Today
To discuss mediation for your divorce with attorney Todd Dwire, please contact us at 952-232-0179 or online to schedule a free consultation.
Our Minnesota divorce attorney can guide you through the mediation process, answer any questions you may have and help ensure that your interests are protected while working toward a fair resolution.