Divorce can become more stressful when you and your spouse disagree about parenting, property or support. A trial also puts unresolved decisions in a judge’s hands. If you divorce in Dakota County, your case falls within Minnesota’s First Judicial District. Minnesota family court rules generally make family cases subject to alternative dispute resolution, or ADR, although exceptions apply. Mediation can help you work toward agreement before asking the court to decide disputes.
What happens during divorce mediation?
A neutral third party, called a mediator, helps you and your spouse communicate and negotiate. The mediator does not decide the outcome or impose terms. You may discuss:
- Property and debt division
- Child custody and parenting time
- Child support
- Spousal maintenance
- Other unresolved divorce terms
The goal is to identify areas where you and your spouse may be able to reach common ground.
Why mediation may reduce courtroom conflict
Sensitive financial and parenting matters can be discussed outside an open court hearing. You also have more influence over proposed settlement terms instead of asking a judge to decide every issue. Minnesota court rules protect the confidentiality of a mediator’s notes, records, impressions and recollections. However, your divorce case and documents filed with the court are not automatically private.
Resolving some or all disputes through mediation may also reduce the time and expense of continued litigation.
What happens after mediation?
You may resolve every issue or only some. Unresolved matters can continue through the court process. If you reach a settlement, you can document the terms and submit them to the court. Your divorce becomes final after the court enters the final Judgment and Decree.
When mediation may not be required
Minnesota family court rules generally prohibit requiring a facilitative ADR process if you claim domestic abuse by your spouse or the court finds probable cause of physical abuse or threats. However, the court may direct an ADR process if both parties have been advised by counsel, agree to the process and do not have to meet face to face.
Preparing for mediation
Before mediation, you can prepare by:
- Organizing relevant financial documents
- Reviewing parenting concerns and schedules
- Identifying issues you and your spouse still dispute
These steps can help you focus on matters that you can settle without a trial.
Understanding your options before mediation
Divorce mediation lets you participate in shaping the terms you propose to the court without requiring you to resolve every disagreement. Before accepting settlement terms, legal guidance can help you understand their effects and how they fit Minnesota divorce requirements. Knowing your options can help you make careful decisions about your family and finances.
