Efficient Resolutions To Divorce Disputes
If you are going through a divorce or another family law issue, you will want your case to be resolved in a cost-effective and timely manner. With an attorney by your side who knows how to build an effective case using evidence and persuasive arguments during mediation, this goal can be achieved.
Attorney Law Office of Barbara J. Gislason is a true advocate for her clients who are facing difficult family law matters. Barbara’s clients benefit from her training as a qualified neutral, which involved an extensive legal education mediation course approved by the Minnesota Supreme Court. Additionally, for more than 15 years, Barbara performed mediation services for Hennepin County as a Panel Referee for divorce pretrials, making her well-known and respected by the family law community in Minnesota.
In the majority of divorce and family law cases, a fair resolution can be negotiated between the two parties and their attorneys through the mediation process. Barbara takes pride in being well-prepared, always as if trial were possible, which puts her clients in a strong position to obtain the results they desire.
Types Of Mediation In Minnesota
There are three different types of mediation in Minnesota: evaluative, facilitative, and transformative. Barbara carefully selects the form of mediation she believes will be the most effective for each client’s case.
Many courts are now using one form of evaluative mediation called an Early Neutral Evaluation (ENE). At the Initial Case Management Conference (ICMC) proceeding, to resolve family law matters, courts in some jurisdictions will ask both parties if they will participate in this private pay process. These proceedings are designed to allow parties to seek an early opinion regarding how a judge or referee will likely rule on their case prior to going to court. Unlike other lawyers who may allow their overwhelmed clients to walk into the ENE or mediation process unprepared, Barbara takes the time to thoroughly prepare her clients for success. In these proceedings, much is on the line. One small misstep could result in a poor impression, which can impact the final outcome.
Frequently Asked Questions About Divorce Mediation
The answers to these common questions can help you make an informed choice about whether mediation is right for your family.
Can child custody and parenting time issues be resolved in mediation?
Yes, mediation can be a viable way to negotiate child custody and parenting time issues in a divorce. Unlike litigation, where a judge must try to learn about your family and make decisions about parenting time and legal authority over a couple’s children, you can retain control over the exact terms set for your family. You can discuss concerns in a private setting instead of publicly revealing family matters in court.
Settling custody disputes in mediation can also protect older children from the need to express their wishes regarding custody in court. The cooperative approach you may employ in mediation can limit how much conflict your children witness. In turn, that can reduce the stress they experience over the situation.
Mediation is an ideal tool for parents who do not yet agree on parenting time and other custody matters but are focused on the best interests of their children.
What if mediation does not work and we still cannot agree?
Sometimes, there is no middle ground on one or more issues, or a couple simply cannot work together for a common goal.
If mediation fails, you have the option of taking a break and trying again, perhaps with a new mediator. Couples can also attempt to work through their attorneys to directly negotiate the final terms of their split.
If, after multiple sessions and attempts at compromise, mediation still fails to produce results, you can proceed with litigation and let a judge decide the issues in conflict. Anything discussed during mediation remains confidential, meaning that statements and settlement offers made during mediation cannot be used against either party in court.
Can mediation help resolve post-decree disputes and order enforcement?
Yes, mediation is a powerful tool at any stage of a family law matter. Even after a judge enters the final orders for your case, there may be disagreements about interpreting or modifying those orders.
If one parent has not consistently upheld the parenting time schedule, for example, attending mediation to work out a solution for makeup parenting time could be helpful. Other common reasons for post-decree mediation include changes in a child’s financial or emotional needs, relocation requests and similar issues that can arise over time. Mediation can also be used to negotiate terms to pursue an uncontested modification of a custody or support order.
Talk To An Attorney Who Knows Alternative Dispute Resolution (ADR) Methods
To learn more about alternative dispute resolution methods, call the Law Office of Barbara J. Gislason at 763-220-2983 or email the firm to arrange a consultation with an experienced Anoka County divorce mediation attorney.