Overview

A Mediator is a neutral third party who can assist divorced (or divorcing) parents or never married parents in resolving disputes. Many couples decide to go to Mediation because it is more affordable and less time consuming than turning to the Court to resolve disputes.

Depending upon your specific case, the selection of a mediator might be the most important decision that you make. The mediator should be experienced in handling the specific issues that arise in your case. For example, if your case involves a business, you might want to consider using someone who has a business or accounting background. Your attorney can be very helpful in the selection of an appropriate mediator.

Going into a mediation

Before you participate in mediation, it is important that you have all of the information that you need to arrive at an agreement. This includes all of the financial information for yourself and the opposing party. You should also meet with your attorney before you attend mediation. This should help you to not only gather the appropriate information, but also assist you in analyzing your case, the strengths and weaknesses of each position, and arriving at a good idea of what your settlement range is.

It is important to understand and think about what the other side is looking for and why. Anticipating the opposing side’s argument will help you go into mediation with as much of the bigger picture as you can. We also recommend that you do not represent yourself at mediation and that you have your own attorney present.

The costs of mediation

Although mediation is more affordable than taking your case to trial, it does come with some costs. The parties typically will split the cost of mediation. Mediation remains strictly confidential which can help facilitate open, honest communication as the parties work together to reach a resolution. However, mediation can be emotionally exhausting.

Some mediation sessions can last several hours. A settlement should not be reached just because it is expected that a settlement be reached. If you find that you are not absorbing the information that is being shared either by the mediator or by your own attorney, it might be a sign that you need to suspend the Mediation session and schedule another session that will allow time for you to process what has been discussed.

The Minnesota divorce lawyers at Clausen & Hassan have extensive experience representing mothers and fathers through the mediation process. Our lawyers pride themselves on how they serve their clients. Please reach out today for your free consultation—you can call our office at (651) 647-0087 or contact us by email at info@clausen-hassan.com.