Helping Couples Find A Different Path Through Divorce

Many couples believe that the only way to protect their interests as they end their marriage is to fight things out in court. However, litigated divorce is only one option available to couples as they navigate the divorce process.

Meinerts Law Office, P.A., guides clients in the south metro through all of their divorce options, allowing them to explore alternative dispute resolution (ADR) methods in addition to a litigated divorce. Burnsville ADR attorney Merlyn Meinerts has spent more than 30 years building his skill in the art of negotiation and is a Rule 114 qualified mediator. He brings this skill and experience to every client’s divorce, helping them find a different path toward the next phase of their life through family mediation in Burnsville, MN.

What Is Alternative Dispute Resolution?

Alternative dispute resolution refers to a variety of different methods that work toward a divorce resolution without a trial. These methods may include:

• Mediation – In mediation, a mediator guides a couple through negotiations, facilitating their conversation and acting as a neutral third party as they discuss.
• Early Neutral Evaluation (ENE) – Financial Early Neutral Evaluation (FENE) and Social Early Neutral Evaluation (SENE) are a form of ADR that is similar to mediation but empowers the provider to give their evaluative opinion – a useful tool to facilitate settlements.
• Moderated Settlement Conference (MSC) – An MSC is often the last and final attempt at settling a case prior to trial. MSCs are typically conducted at the Court and may involve the input of the assigned judge.

Alternative dispute resolution is often less costly and less time-consuming than a traditional litigated divorce. The collaborative process also reduces conflict during the divorce process, reducing stress and promoting more civil interactions in the future if a couple will continue to own property together or co-parent after divorce.

Family Law ADR Offers Numerous Benefits Over Coutroom Litigation

There was a time when spouses needed to sue one another for a divorce – litigation was the only option. Thankfully, that’s no longer true. Many clients have found that alternative dispute resolution (ADR) methods, such as mediation, offer substantial benefits over litigation. The areas of greatest contrast include:

• Cost: Litigation can be expensive due to court costs, attorney fees and other related expenses that accumulate over time. ADR is likely to be much more cost-effective, eliminating nearly all court costs and limiting the amount of billable hours needed from an attorney and a mediator.
• Time: Court schedules, procedural requirements and potential appeals can extend the litigation process for months or even years. ADR methods aim to resolve issues efficiently – sometimes in a matter of weeks or months, depending on the complexity of the case.
• Stress and emotional difficulty: Litigation is nearly always emotionally taxing. The adversarial nature and public setting of court proceedings may increase stress and conflict between parties. With ADR, the process is usually more collaborative and less adversarial, which can reduce tension and help maintain amicable relationships.
• Outcomes: When a divorce or other family law issue goes through litigation, outcomes are determined by judges. This means less personal input and potentially less satisfactory results, as decisions are based on legal standards rather than personal needs. ADR gives both parties greater input in shaping the final agreement, leading to solutions that work best for both sides.

ADR is not possible or appropriate in all cases. When it is an option, however, the many benefits it offers are worth exploring.

Understanding The Roles Of ADR Legal Professionals

In divorce and other family law matters, ADR professionals, such as mediators and early neutral evaluators, play a central role in helping people reach amicable agreements. Mediators act as neutral parties who facilitate discussions between the parties. Their primary responsibility is to help both sides communicate effectively, ensuring that each person’s voice is heard and that they work collaboratively toward a mutually acceptable outcome. They do not and cannot make decisions for the parties. Instead, they guide them toward finding common ground.

Negotiations tend to be much faster and more productive when both sides have reasonable goals and expectations. At or near the beginning of the process, an evaluator listens to both parties’ positions and offers their professional opinion on how a court might view their issues. The goal is to give the parties a realistic understanding of potential outcomes, encouraging settlement outside of court.

How To Prepare For An ADR Session

Your mediator or evaluator will carefully prepare in advance of each session. Below are some tips for how you can be ready, too.

First, gather all relevant documents, including financial records and any agreements already in place. Being organized will allow you to present clear information.

Next, identify your goals and priorities – what are the most important outcomes you wish to achieve? Understanding your needs can guide the discussion. It’s also helpful to consider potential compromises that you might be willing to make. Approach the session with an open mind and a willingness to listen, as collaboration can lead to mutually beneficial solutions.

Lastly, ensure that you have the support you need, whether it’s from a legal adviser or a trusted friend. Being well-prepared can make your ADR session more effective and less stressful.

What Is The Difference Between Social ENE And Financial ENE?

Social Early Neutral Evaluation (SENE) focuses primarily on the interpersonal aspects of a dispute involving issues such as child custody and parenting time. The evaluation involves discussions about the well-being of the children and the ability of each party to fulfill their parenting responsibilities, focusing on the best interests of the children.

Typically, experienced family law attorneys, social workers, psychologists and other mental health professionals are involved in the SENE process. The goal of SENE is to help the parties come to agreements that are in the best interest of the children.

Financial Early Neutral Evaluation (FENE), on the other hand, concentrates solely on financial issues such as monthly cash flow (child support and spousal maintenance) and the division of marital property. Experienced family law attorneys and financial professionals, such as accountants or financial planners, are typically engaged to look at incomes, assets, debts and each party’s financial contributions. Having the input of a qualified evaluator greatly increases the likelihood of settlement.

How Does Mediation Give You More Control Over The Outcome Of Your Divorce?

Mediation helps empower couples as they go through the divorce process in multiple ways:

• Both parties have the opportunity to actively participate in shaping the terms of their agreement, which allows for a more direct influence on the decisions that will affect their post-divorce lives.
• There is more flexibility when it comes to finding customized solutions that are tailored to each family’s unique needs, especially compared to the formulaic court-imposed solutions.
• Mediation offers more privacy than a typical divorce. This can be invaluable for couples who want to keep their private lives to themselves and protect their public personas.

Most couples also appreciate the fact that mediation is not dependent on the court’s schedule, which can allow them more control over the timeline of their divorce. For many clients in Burnsville, MN, family mediation is often the best option.

Explore Your Options Today

More information about alternative dispute resolution methods is a phone call away. Reach out to Meinerts Law Office, P.A., through the firm’s online contact form or call 952-208-8500 to schedule a consultation with an experienced Burnsville ADR attorney.