Do parents in a Minnesota divorce or child custody case have to mediate?

Yes No If parents or parties cannot agree,  then mediation is required under Minnesota Rules with a few exceptions.

Mediation in a  Minnesota divorce, child custody, or other family law dispute is a settlement process under the general title Alternative Dispute Resolution  in Minnesota.

Rule 310 of Minn. General Rules of Practice entitled Alternative Dispute Resolution ( ADR) requires that all Minnesota divorces, child custody disputes and other family law matters in district court are subject to the ADR process as established in Rule 114 of Minn. General Rules of Practice  except for:  1. Actions enumerated in Minn. Stat. Ch. 518B ( Domestic Abuse Act); 2. Contempt actions; and, 3. Maintenance ( spousal support), child support and parentage actions ( paternity) when the public agency responsible for child support enforcement is a party or is providing services to a party with respect to the action.

Rule 114 describes the procedures for ADR ( See Rule 114).  Participation in the ADR process does not mean that parties have to settle their differences.  The ADR process allows parties the opportunity and freedom to negotiate without the Court’s involvement.  All communications within the settlement process are confidential.  The thought being that parties will “let their hair down” if they know the Court is not  privy to any ADR discussions.

An ADR mediated settlement saves both parties’ money spent in litigation; and, families are spared the emotional distress of a hearing in a divorce, child custody or other family law dispute.  ADR is really worth the time and effort even if no complete settlement results.

Partial Settlement

Parties can resolve some of their differences if they cannot come to an agreement on all differences. For example, parties can create a Minnesota child custody and parenting time schedule and plan and resolve their issues about the children.  If these same parties cannot reach an agreement on everything in their divorce, then the Court decides for them.

If you like this post, I would love it if you would hit the “subscribe” button so that I may continue to share a variety of family law topics with you.  Please do share this post via the share buttons at the bottom of the page. Thanks for reading.

Kate Willmore, Saint Cloud, Minnesota, Divorce, Child Custody, Father’s Rights, Mother’s Rights, Family Lawyer, Family Court Lawyer and Mediation Coach

For more information on divorces or child custody see: What You Need to Know About Minnesota Divorce

What to know who to proceed? Call me at 320-492-3606 or submit your case to me at Kate Willmore Law

Copyright 2015

 

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