For many Minnesota couples going through divorce, mediation will be more advantageous than the conventional litigation process. Divorce mediations typically take less time, cost less and result in terms that both parties are generally happy with.
However, not every couple will be ideal candidates for mediation. The process is not effective if there is one party who is too fearful to openly express their feelings. Furthermore, mediation is of no use if one or both parties have no desire to compromise or participate honestly in the process. Some may also have concerns that the mediators themselves are not adequately equipped to address complicated financial matters related to divorce settlements.
The court can refer a divorce case to mediation, or the two parties can voluntarily engage in mediation per a written agreement. In cases when the mediation is recommended by the court, the parties will be notified. In the majority of states, both parties will have an opportunity to offer a valid reason for not wanting to participate in the mediation process. A reasonable objection includes a history of family violence.
If the spouses agree to take part in the process, it will be necessary to select the right mediator. Many jurisdictions have court-annexed mediation or community-based centers that couples may use. For mediation that is ordered by the court, the mediator may either be appointed or agreed upon by the two parties.
A divorce attorney could work to obtain the divorce settlement terms a client desires. After considering the circumstances of a client’s divorce, legal counsel might recommend engaging in mediation to dissolve the divorce. If necessary, the attorney could litigate to protect the interests and rights of the client.