Brainerd, MN Attorney at Law

Mediation

Brainerd, MN Mediation Services from Edward R. Shaw, P.A.

Mediation is a wonderful tool for working out disputes of all kinds in a cost effective and practical manner. Attorney Edward R. Shaw offers capable and efficient mediation services.

Brainerd, MN Mediation Legal ServicesWhat is mediation?
Mediation is when a neutral third party (the mediator) facilitates communication between parties to promote a settlement of the issues between them. Mediation is a form of Alternative Dispute Resolution (ADR). ADR is a method of resolving legal disputes without going to trial. ADR is required by the court in most family law cases, including divorce, paternity and custody, unless domestic abuse is involved. Mediation can save money, reduce emotional and physical stress, and even create a framework in which future conflicts can be resolved without resorting to court intervention.

Attorney Edward R. Shaw is a qualified neutral under Rule 114 of the Minnesota Rules of General Practice and will use his extensive experience in family law to help you find creative solutions to your legal disputes through the process of mediation. He has been mediating family law cases for last nine years and has a unique perspective on the family law issues faced by you and your family.

What is the role of a mediator?
A mediator remains a neutral party and helps settle legal issues by facilitating communication between opposing parties. The mediator may not impose his or her judgment on the parties and may not force a settlement. The mediator also may not give legal advice to either party.

What issues are addressed by a mediation?
Mediation can resolve any issues that you want settled including custody, property and debt division, parenting time and support. In a divorce, the mediator will review all the issues required to be addressed in the divorce order, including property and debt division, spousal support, child custody, and parenting plans.

What is the cost of mediation?
Most mediators charge by the hour for work done prior to, during and after the mediation. Mediation fees are typically split between the parties. Mediation can take anywhere from a couple of hours to an entire day or longer. Attorney Edward R. Shaw’s hourly rate for Mediation Services is $190.00.

Is mediation confidential?
If you designate information as confidential, the mediator will not share it with the other side. The mediator’s notes and material are also kept confidential. At trial, the mediator cannot testify and the judge cannot hear about any settlement offers made during the mediation process.

What happens if we do not reach an agreement in mediation?
If you do not reach an agreement in mediation, the judge can decide the issues between you at trial.

Disclaimer
I have tried to make this guide helpful for anyone considering mediation, but the rules in my profession require that I tell you that this guide is not a substitute for an attorney or professional legal advice. Every individual situation is different and how the rules in this guide will apply to your situation may vary. You should receive competent legal advice from our office before making any legal decisions.

For more information to determine whether mediation is right for your situation visit the following website from Hamline University in St. Paul, MN that provides further insight into mediation services. Family Mediation – A How-to Guide

The State of Minnesota also provides information on Mediation through the Court system on the MN Courts Website.