Helping Wayzata Families Negotiate Their Family Law Disputes
Minnesota family law covers a wide range of issues, from divorce to child support matters. For the most part, family law cases revolve around a dispute stemming from fundamental relationships—such as a marriage or a parent-child relationship. Unlike other legal matters—such as personal injury disputes—family law disputes rarely involve clear winners and losers. Typically, both parties must be willing to lose something to gain ground.
For these reasons, conventional litigation can be counterproductive for family law cases. Normally, litigants are pitted against each other as adversaries in a contest with clear parameters for victory. In contrast, battling the “opposing party” in a family law case risks burning an important bridge—sacrificing crucial and irreplaceable interpersonal relationships.
As an alternative to litigation, the parties in a family law dispute can work together to resolve their issues through mediation. Mediation is an informal dispute resolution process where the parties seeking common ground to reach a mutual agreement on important issues like alimony and child custody. At FairWell Family Law Mediation, our mediators in Wayzata have experience guiding our clients to resolve family law disputes.
You can count on us to guide you through the following issues in family law mediation:
- Divorce: Divorce proceedings often involve different legal issues, including the equitable distribution of marital assets, alimony, child custody, and child support. As a result, divorce litigation can last between a few months and several years. Mediation can help simplify these proceedings, saving you time and money.
- Spousal support: Minnesota law recognizes a person’s right to receive financial support for their former spouse if such support is necessary to ensure they can live at the standard of living established during their marriage. The parties are generally free to privately resolve spousal support issues in Minnesota. Therefore, mediation can greatly benefit the parties by expediting the settlement process for alimony and spousal maintenance.
- Child custody: Custody arrangements such as joint or sole physical or legal custody can be challenging to resolve. Minnesota law requires courts to consider factors regarding the child’s best interests when making child custody determinations. Naturally, the judge is not in the best position to know what a child’s best interests are. To ensure the parents’ understanding of their child’s best interests remains at center, the parties should resort to private mediation and avoid court intervention.
- Child support: Minnesota courts calculate child support based on specific statutory guidelines. A parent’s duty to financially support their minor children cannot be negotiated away. An experienced family law attorney can make sure that a child support settlement comports with Minnesota public policy.
The Benefits of Mediation
Minnesota family law governs fundamental domestic relations, such as marriages and the parent-child relationship. For many people, these familial relationships represent some of the most important and intimate interpersonal relationships for a person.
Generally, family law disputes stem from a conflict arising from one of these relationships. Accordingly, the importance of finding a just resolution for the dispute while preserving those important relationships cannot be understated.
However, the adversarial nature of litigation has a tendency to widen rifts between the parties. When the parties are spouses, parents, and other family members, a case will likely benefit from an alternative form of dispute resolution.
In mediation proceedings, the parties are not pitted against each other in a legal contest where victory is the end game. In most family law cases, the parties often have to lose something to gain something else. Thus, family law matters are not so much as competitions to win as they are problems to solve. Compromise is the foundation of the mediation process, as it helps sets realistic expectations for the parties when it comes to securing their interests.
In addition to helping preserve important relationships, mediation offers the parties the following benefits:
- Savings: Mediation is an informal process that is not bound by rules of procedure and evidence. As a result, mediation offers an efficient way for the parties to resolves their dispute.
- Privacy: Mediation proceedings are typically kept private, in contrast to court proceedings, which are a matter of public record. As a result, the parties do not have to worry about intimate details of the personal lives being aired out in public.
- Convenience: The mediation process is not restricted to the court’s availability. This means that the parties have greater freedom in deciding when and where to hold a mediation session. Mediation sessions can be held in a conference room at a hotel or private law firm, letting the parties relax during the process.
- Mutual understanding: Successful mediation will result in a written settlement agreement covering the major issues of the parties’ dispute. Such an agreement cannot be achieved without mutual cooperation and compromise.
You Deserve Quality Legal Solutions from FairWell Family Law Mediation
At FairWell Family Law Mediation, our team of mediators is prepared to advise you about your legal rights while finding an equitable resolution to your family law matter. The years of experience of our family law mediation team in Wayzata can serve as an instrumental resource to help you find an amicable solution to your family law case.