Under Minnesota law, alternative dispute resolution is required in all civil matters, including family court actions.  Mediation is a process where parties negotiate directly in the presence of a third party neutral.  The mediator helps the parties discuss conflicts and reach their own agreements. Mediators are private attorneys or psychologists.

Courts can order parties to participate in mediation.  However, parties are required to attend only one orientation session and cannot be forced to reach a resolution.  The Court cannot order mediation where there is probable cause to believe that there has been physical or sexual abuse between the parties.  Throughout mediation each party has the right to consult with his or her respective attorney, accountant and other resource person.  Mediation can address all issues in a dissolution of marriage. However, mediation often focuses only on custody or visitation. The goal of mediation is to identify interests, explore possible options and find solutions which satisfy the needs of both parties with respect to disputed issues.