|
|
Mediation and Arbitration
Since July 1, 1997, the court can require parties in certain family law cases to use mediation, arbitration and other alternatives to litigation before the court makes its decision.
The family law cases subject to this provision include marital dissolutions, any custody cases and motions to change existing orders. Domestic abuse actions and support and paternity cases involving public benefits are some types of cases that cannot be referred to alternative processes.
Even if the court does not require you to use any particular type of alternative dispute resolution, you can choose to use these processes.
You may find yourself working with one of the following neutrals in your family law case:
Mediator
A mediator facilitates discussion between the parties in an attempt to help them reach agreement on some or all of the issues in their case. Mediators do not tell the parties what they should do; they have no authority to make any decisions on any issue in the case.
Frequently, mediators will identify issues that are typically considered in resolving your matter, and will ask questions to elicit information that is necessary to understand your particular case. Any agreements the parties reach are summarized in writing.
Arbitrator
An arbitrator reviews documents and listens to testimony by the parties and other witnesses. Arbitrators do decide factual and legal issues. Arbitration decisions can be binding and have the effect of a final decision by the court, or they can be advisory to the parties and nonbinding.
Parenting Time Expeditor
A parenting time expediter deals only with issues relating to access to children and first attempts to help the parties reach agreements. If no agreements can be reached, the expeditor makes a decision which is binding on the parties unless one of the parties raises the same issue before the court at a motion hearing and the court overturns the expediter's decision. The parenting time espediter's duties and authority are controlled by Minnesota Statutes Section 518.175.
Working with a Mediator
See Article "Warm-up for Divorce Mediation" by Deborah Dewalt
|
|
|
