"You cannot shake hands with a clenched fist."
~Attributed to both Golda Meir and Indira Gandhi



Mediation

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Mediation brings together the parties in conflict with a neutral person whose role is to keep focus on reaching a resolution that is acceptable to all parties. The mediator makes sure all sides are heard and that comments are relevant to the process of coming to an agreement. However, it is the parties in conflict who ultimately decide whether and how to reach agreement. As an impartial facilitator, the mediator cannot take sides or advocate for one party or plan for resolution. Even when a mediator is an attorney, he or she cannot offer legal advice. The parties may choose to mediate or they may be court ordered.


  Mediation Litigation
Decision Maker: Self-Determination Judge
Communication: Direct (parties likely in same room) Through Legal Counsel Attorneys
Focus: Underlying Interests/Needs
(broadening dialoague)
Position (narrowing dialogue)

Mediation in Divorce or Legal Separation
You can mediate at anytime during the process, whether you've been to court or not. Mediation provides a safe forum for parties to discuss and resolve issues in order to move forward toward finalization of divorce or legal separation. It is often a less emotionally draining and more cost effective means for spouses to dissolve a marriage or to legally separate. Issues often resolved through mediation include property value and distribution, custody and parenting time issues, and spousal maintenance.

We have confidence in your ability to reach an agreement. However, even when clients can not agree on every point, they may narrow the issues in conflict, so that an eventual court process is less complicated and less expensive.

Mediation in Custody, Parenting Issues and Parenting Time Disputes
Parents may disagree on custody, parenting time or treatment of minor children. Many times, a divorce decree requires parties to use mediation to resolve those disagreements. Just as in divorce mediation, the mediator is an impartial party whose role is to facilitate agreement. The mediator will not testify against either party in court or advocate in any way for either party.

Common parenting disputes include:

  • Creating or changing a parenting time schedule
  • Participation in extracurricular activities and related costs
  • A child's behavior
  • A request for change in custody
  • allegations of a parent's alcohol or drug abuse

Contact

Conflict Management & Resolution
3510 8th St. NW, Suite 300
Rochester, MN 55901

Phone: 507.288.6653
Fax: 507.424.2925

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