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Over time, mediation has become a preferred method of settling matters in a divorce. It has become an alternative to traditional litigation. This is because it involves both spouses and their attorneys working together in a meeting with a neutral mediation lawyer who is trained to help them reach agreements.
At the Benjamin Kaasa Law Office, PLLC, our Duluth divorce attorneys are experienced as mediators and have represented clients throughout the mediation process. The mediation process helps reach mutually acceptable agreements and is a faster and more cost-effective way to carry out a divorce.
In some counties in Minnesota, the court supplies the mediators on issues regarding custody of children and the cost is minimal. Property issues may require a private mediator and the cost is typically split between the spouses. Splitting the cost keeps one party from having to shoulder the entire financial burden for the mediator.
Nonetheless, the process is confidential and it is non-binding. The mediators are not able to force the parties into settlements. Instead, mediators keep everyone focused and they present a safe and neutral environment in which the parties can exchange information.
Keep in mind, however, that mediation is not suitable for all cases, especially those in which there is a history of domestic violence. The actions and concessions of a party during the mediation process cannot be used against them in court as evidence if the mediation process does not work. When mediation does not work, then the case may move forward to trial where a judge may decide on such matters as child custody and property division.
There are a number of advantages to mediation. First, the overall cost is much less. The amount of time that the case takes to complete is also significantly reduced. A divorce tends to take a year or more to complete when it goes to trial. Because of these benefits, the courts will usually require the parties to mediate rather than go straight to trial. Many clients are surprised at how many issues they can resolve through mediation and their Duluth divorce attorney is there every step of the way to answer questions and provide the necessary legal assistance.
Mediation is a form of alternative dispute resolution that can help a divorce move along much smoother than it would otherwise. In fact, it is the preferred method to hash out the details so that the final decisions in a divorce don’t have to be made by a judge. If you need to file for divorce or your spouse has filed, you need an experienced divorce attorney by your side every step of the way. To learn about how the Benjamin Kaasa Law Office, PLLC can help you, call 218-464-3397 for a consultation.