Minneapolis Mediation Lawyer

Working Toward a Fair & Equitable Divorce Settlement in the Twin Cities

Mediation is a very important part of family law and is required in almost all cases. Some 95% of divorce cases settle before trial, often through mediation or some other form of alternative dispute resolution. Brian of Sobol Family Law has participated in literally all forms of mediation over his career, participating in hundreds of mediations and successfully resolving a large percentage of his cases for his clients prior to trial, saving them the emotions, expense, and uncertainty of an expensive contested trial. Key to successful mediation is having complete financial information about your marital estate and having a clear strategy and realistic goals when approaching your mediation.

Brian is also a trained mediator, having completed mediation training through Hamline University in 1996 and more recently, in the summer of 2022 having completed advanced mediation training through the American Academy of Matrimonial Lawyers, who have now certified him as an AAML certified mediator.

Contact Brian today to discuss how mediation will be applied in your divorce case or to discuss having a knowledgeable mediation attorney in Minneapolis serve as a neutral mediator in your matter.

Alternative Dispute Resolution

Minnesota Court Rules require that in almost all family law cases, at least initial proceedings, involve the use of some type of ADR— Alternative Dispute Resolution. The various ADR methods are an alternative to traditional litigation, where all disputed issues are decided by a judicial officer.

What Does Mediation Look Like?

Mediation is the most common ADR process used in family law cases. Mediation is a process whereby the parties meet with a neutral third party who works with them to reach agreements on the issues in their case. The mediator does not provide legal advice. The mediator has no power to make decisions, or to force the parties to make concessions.

The mediator does not make decisions, but rather facilitates a discussion between the parties (sometimes alone and sometimes with the assistance of counsel) aimed at reaching a settlement of your issues. While the mediator as a general rule cannot provide their opinion of the outcome, on occasion, you may expand by agreement the power of your mediator to express their opinion as to any issue in your matter. The mediation process is confidential, and if you are not successful in reaching a mediated settlement, the judicial officer will never learn what positions either party took in mediation. As part of the mediation process, the mediator will request both parties provide an accurate summary of income, assets, and liabilities. It is recognized that sometimes, one party controls some or all of this information, and skilled mediators attempt to assure that there is a full and fair disclosure of financial information and a full and fair discussion of the issues. 

There are many different forms your mediation can take, based on agreements both parties reach as to the role of the mediator, which in some cases can be expanded to allow the mediator to evaluate your case and express their opinion as to a likely outcome if the case were to go to trial. In child-inclusive mediation, a third party, usually a psychologist will meet with your children to discuss parenting time with them, and the psychologist will then participate in the mediation to provide the child’s perspective as to the parenting plans being negotiated.

Brian is experienced in working with his clients through the mediation process. Mediation is most effective when the parties and attorneys are well prepared, and when they approach the process with settlement as their goal. Each party must make a full disclosure of their assets, income, and future plans for the children in advance of a mediation session. Brian will prepare you for effective participation in the mediation process or may be retained to act as your neutral mediator, to help facilitate the settlement of your case.