Rule 114 Mediation
Definition of Mediation
"A process by which participants, together with the assistance of a neutral third person or persons, systematically isolate dispute issues, in order to develop options, consider alternatives and reach a consensual settlement that will accommodate their needs. Mediation is a process which emphasizes the participants' own responsibilities for making decisions that affect their lives." ~Folberg & Taylor
General Rules of Practice for District Courts Rule 114. Alternative Dispute Resolution
MN Judicial Branch Neutral Roster
Parents are the ones best equipped to make decisions about their children. However, sometimes what happens when communication breaks down and parents can’t agree. For those parents who want to keep decision making in their own hands but need support to have a productive, problem-solving negotiation, mediation can help. Mediation is confidential, provided by a Rule 114 mediator with the goal to support parties to reach agreements with one another. Mediation is ideal in difficult situations so parties are able to keep decision making in their own hands rather than having the court system or other third parties decide for them.
What To Expect In A Mediation Session:
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First, schedule a free 15-minute conversation to talk about any unique aspects of your situation.
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Next, based on that conversation, either suggest mediation to the other party or arrange for Melanie to reach out to them.
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Melanie will work with you on scheduling, either at the office or by video conference. (*Currently video conference only)
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Your first meeting will be scheduled with you and the other party and unless negotiated otherwise, a mediation session is scheduled for two, fifty-minute hours. In that meeting you’ll be welcome to say what you want to say to the other party, ask what you want to ask them, and explore possible solutions.
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The mediator shall be compensated at the rate of $150.00 per fifty-minute hour. Compensation will be for time in session and administrative time spent (drafting, phone calls, etc.)
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Payment of $300.00 must be made when you check in for your appointment prior to the session. Any drafting time fees at $150.00 per hour will be calculated at the end of the session and are to be paid at that time.
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Sometimes clients may choose to have a follow-up meeting later to confirm that the decisions made in the earlier meeting had the desired effects.
Helpful Information
Parenting Consultant
A Parenting Consultant is an individual agreed upon by the parties and court-ordered to work with divorcing parents. The process includes attempts to facilitate agreement, coaching and deciding. PC decisions are binding on the parties.
Parenting Time Expeditor
Assists parents to reach an agreement to resolve any parenting time disputes, if the parents are unable to reach an agreement with the assistance of the expeditor, the expeditor is authorized to decide resolving the dispute which is binding upon the parents, unless modified by the courts.
Parenting Assessor
Usually contracted with the court, an assessor receives referrals from CHIPS cases or social worker (sometimes parent assessments are independently sought out). The assessor may interview parents, uses assessment tools and observations of parent-child interactions. Once complete, a list of recommendations is provided to the courts for parents on how to support families in healing by identifying parenting strengths, weakness and the impact on parenting capacity in areas such as mental health, chemical health, domestic abuse and/ or learning difficulties. Recommendations might include or look like individual therapy, family therapy, Psychological assessment, Rule 25 assessment, safe suitable housing, etc.
Child Custody Evaluator
Child Custody Evaluation is a process where a qualified professional assesses the best interests of a child or children and makes recommendations to the court as to parenting arrangements that best meet the children’s needs. The court then determines the legal and physical custody of the child or children.
Child Inclusive Mediation
Child Inclusive Mediation (CIM) is a mediation process in which a Child Consultant pairs with a Mediator. The role of Child Consultant is to understand the children from the perspective of the parents AND the children, to identify their unique divorce stressors, and to provide guidance to parents in addressing stressors.