Minnesota Divorce Mediation

Comparison between Minnesota Divorce Mediation and Litigation

Litigation has an adversarial atmosphere while mediation is executed in a constructive and supportive ambience. Mediation aims encouraging communication and balancing differences of power. The intention of mediation is to terminate the marital status in an amicable manner and leave the past life behind and focus on the future. The most important aspect of mediation is that the separation takes place along with integrity and dignity.

All the legal issues that are dealt with in the Court are also addressed in mediation. However, mediation differs from litigation in the following issues –

• Physical and emotional stress in mediation is lesser
• Mediation requires less time
• The expenditure in mediation is lesser
• Mediation results in efficient methods to solve future disputes like co-parenting

Issues discussed in Minnesota Divorce Mediation

• Spousal support
• Tax considerations
• Separation of liabilities and / or assets
• Real and personal property
• Parenting responsibilities
• Child support
• Living plans for the children

Expenses in mediation

Mediators have hourly rates for their services. These rates are comparable to the hourly rate of family law lawyers in the region. It is expected that the divorcing partners should pay this hourly fee at the end of each mediation session.

Mediators also charge an administrative fee that is related to –

• Normal work between the sessions
• Phone calls
• Faxes
• Copying
• Word Processing
• Cover case set up

This administrative fee is almost 1 to 4 times the hourly fee. When the agreement to mediate is signed by the divorcing couple, the administrative fee is to be paid.

All the expenses related to mediation are divided amongst the couple or disbursed from the joint assets. As per the Standards of Practice of the Association for Conflict Resolution, it is the foremost duty of the mediator to offer mediation services at a decreased rate for families having low income.

Neutral experts like appraisers also charge fees which should be paid by the divorcing couple to these experts directly.

Power of the divorcing couple

In case of all divorcing couples, there are differences in power. Each member of this couple is unaware of their own power and how it affects the other member. Also, each member feels that the other member is potent while self has no power. If the mode of application of power is negative, this is a destructive process and the mediator has to interfere to learn what motivates this negative power and how it can be altered. The objective of mediation is to empower the divorcing couple to reach a fair outcome.

In case of domestic abuse, is mediation advisable?

Divorce mediation is preferable than litigation in cases of domestic abuse. As the mediation progresses, the dispute amongst the partners is considerably decreased. Shattered women are empowered by the process of mediation.

Mediation is helpful not only for usual cases, but also for –

• Perpetrators or victims of abuse
• People with difficulties in their relations
• People with developmental disabilities

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