So… is mediation required in Divorce cases? It’s not always the case, so much as it is the judge, something that I hinted at in the video above, and that’s probably for good reason, to be honest.
All too often people want to rush into court with phrases like, “I’m going to sue you!” or “We’ll see you in court!” but trials do not play out like they do on television, and there are many things that can go wrong in a case that goes to trial.
No, mediation is not ALWAYS required, but the truth is that most judges prefer it, and according to the United State Department of Justice, ADR should almost always be preferred to taking a case to court or trial.
The fact is that going to trial is rarely ever good for anyone, and there is multiple reasons for that. Trial costs everyone more money, time, and is a huge risk. There are a lot of uncontrollable variables that come into play when a case goes to trial, whether it’s the jury or the law or the case, and that’s something that every lawyer should be willing to admit when asked directly.
In short, is mediation required in divorce cases? In Southern Minnesota the short answer is yes. The judges here are very clear when it comes to this question. However, it differs from state to state and county to county, so that’s something you should bare in mind as well.
Information obtained in mankatofamilylaw.com may contain knowledgeable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in your Family Law matter, contact 507-205-9736.
Mediation should always be considered first and foremost, but not necessarily enforced. It can generally be assumed as the safer option (for both parties) in divorce cases.
I agree! Mediation is always a great option and now there are even more options with Early Neutral Evaluation and even mediated settlement conferences all are great options instead of going to trial.
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