Minnesota Mediation FAQ
What is Minnesota business mediation?
Mediation in the business context is typically addressing a dispute among business owners or a lawsuit involving the business and other party. Often, mediation is an attempt by the parties to resolve their differences to prevent or stop the enormous expense and distraction of a lawsuit.
What is Minnesota family mediation?
Mediation is a private process used by family members who need assistance to resolve a dispute or decide important family issues. Mediators, who are trained in family dynamics, communication skills, and facilitative techniques, do not have an opinion or a stake as to how a problem or situation is solved. The mediator does not make decisions, and any agreement reached is voluntary and decided by the participants. With a mediator’s guidance, participants work together through a series of orderly steps seeking agreement and resolution that meet the needs and goals of everyone involved.
Family mediation may include couples in the process of divorce, couples fighting over custody, or siblings (often adults) who cannot get along.
What are the main reasons people mediate rather that litigate?
- Mediation is cheaper. Mediation is vastly cheaper than a legal battle in court.
- Mediation results in higher satisfaction. Mediation ends with both parties agreeing to the outcome, while court often leaves one or both parties more unsatisfied.
- Mediation is faster. Lawsuits can take nearly a year, sometimes more. Mediation typically takes one or two days.
- Mediation is lower stress. Lawsuits involve high, ongoing stress and confrontations between attorneys in court. Mediation involves private discussions in separate conference rooms as the parties weigh their options.
How is mediation different from a lawsuit in a court?
Mediation is the parties’ attempt to resolve their dispute by coming to an agreement. Unlike a judge, the mediator does not make a decision about the outcome. The only way that mediation can end a dispute is by the parties both agreeing to the resolution. The swift and confidential nature of mediation also ensures parties avoid excessive costs, stress and adverse publicity often generated in court.
How much does mediation cost?
Mediation is conducted on an hourly rate of $250 per hour. This includes all costs including use of the mediation facility and incidental expenses. Billable time includes the mediator’s preparation time, including preliminary conferences and document review. If mediation is canceled within 48 hours of the scheduled mediation, the cancellation charge is $1,200 plus the mediator’s already incurred billable time.
The fee is normally split by the parties, but the parties may come to another arrangement before the mediation begins. Mediation fees are generally paid in advance.
Mediation is substantially cheaper than paying attorney’s fees and court costs to fight in a lawsuit.
Can what I say in mediation be used against me later?
No. As part of the mediation process, the parties must agree in writing to certain terms that foster a positive mediation environment. this Mediation Agreement provides that the mediation discussions remain confidential and the mediator cannot be called as a witness to testify regarding what was said at the mediation.
Do children attend a divorce mediation?
No. It is our practice to not involve children in any stage of the mediation to protect them from the divorce process and the painful aspects that are natural when adults are trying to work out their problems.










