Dispute Resolution Services (DRS) : Learn More
General Questions
How do we find the best mediator [We haven’t hired attorneys.]?
You may want to interview more than one mediator. Most mediators provide such “orientation” or “consultation” for free. Minnesota law requires that your receive information about a mediator’s qualifications before starting a mediation process. There is no licensing or certification for mediators in our state, only certification for mediation trainings.
We suggest that you look for the following qualifications:
- Completion of a certified basic training program of at least 40 hours in duration.
- Completion of 6 hours of domestic abuse training,
- Additional advanced mediation training.
- Regular supervision and/or peer consultation.
All DRS mediators have received basic and advanced training. They also receive ongoing supervision and consultation from our Director, Chris Leick.
- Extensive experience in the topics to be mediated.
(Most family and relationship matters involve the law. While parties can make reasonable agreements outside of the law, we believe it is essential that a mediator has knowledge and experience in the law relevant to your case. At DRS, all of our mediators are attorneys, and we strongly suggest that parties use a mediator with legal experience, especially for financial topics.)
- Mediation experience sufficient for your matter.
Even for cases with low conflict, your mediator should have already mediated at least 5-10 similar cases through completion. Mediators who handle complex financial and/or high conflict matters should have much more extensive experience. DRS Mediators have this experience and more in mediating with clients to which they are assigned.
- Good listening skills.
In order for you to have trust and confidence in your mediation process, it is important that you “feel heard” by your mediator. It is also very important that your mediator listens carefully. At DRS, we place a very high value on being good listeners.
- Good analytic and planning skills.
Your mediator should be skilled at creating a mediation plan, which will address your particular needs. At DRS, we have a “Planning Session with our clients,” either immediately following the free orientation, or as soon as clients decide to hire us.
- Personality Fit
While your mediator will not make any decisions, you will be spending time with her or him, working on topics, which are very personal to you. Thus it is important that your mediator’s personality fits for you. Most clients want a mediator who is kind and supportive, as well as competent.
- Affordable
A Mediator’s hourly rate is generally based upon her or his experience and skill. We suggest that clients not pay more than is appropriate for the complexity of their case and/or their level of conflict. DRS assigns its clients to the most appropriate mediator for their situation.
- Convenient schedule and location.
DRS provides services in the downtown area as well as in Edina; some DRS mediators have evening hours.
Why did my attorney tell me that we have to use mediation?
Under Minnesota law, clients who have filed their case with the Court must agree to use some form of alternate dispute resolution (ADR) prior to trial. Mediation is one form of ADR, and your attorney recommends the best process for you.. The other possible ADR processes are listed in Rule 114. link to resources/rule 114. Besides mediation, which is called a “facilitative process” in the rule, the list also includes “adjudicative processes,” such as arbitration and consensual special magistrate link to Private Decision making, and “evaluative processes,” such as Early Neutral Evaluations and Non-Binding Advisory Opinion link to Neutral Evaluations. There are also “hybrid processes,” which include med/arb and a create your own ADR process option.
Under rule 114 and Minnesota Statute, the court shall not order mediation where one of the parties claims to be the victim of domestic abuse by the other party or where the court determines there is probable cause that one of the parties or a child of the parties has been physically or sexually abused or threatened with physical abuse by the other party.
Why is mediation less expensive than just hiring attorneys and letting them take care of everything when it appears that the mediator’s rates are just as high?
Not only is mediation generally less expensive than the traditional attorney process, it is also usually much faster. There are several reasons for this:
First, depending on the situation, much of the work can be done with the help of one professional (the mediator) as opposed to two professionals (the attorneys.) For example, it can be very costly to have the attorneys obtain and organize all of the relevant facts and information. Many mediation clients can save money by gathering, organizing and reviewing the facts and supporting documents with only the help of the mediator.* Some parties may be able to identify and discuss each other’s’ needs and wants, with just the mediator, and possibly generate some options for settlement.* Some clients go ahead and make their agreements, subject to review by their attorneys, without attorneys being present in the mediation session.
Secondly, even if parties need or want their attorneys to be present throughout mediation, the mediator – as coordinator and facilitator – can help everyone present to be more efficient and effective, than they might be if it were just the attorneys having these discussions.
Thirdly, mediators can create a more efficient process by greatly reducing the number of letters, telephone messages, and e-mails between attorneys.
Finally, compared to a process where the court is in charge, mediation clients can schedule their meetings at convenient times and proceed at an agreed upon pace which may be faster or slower than the court would mandate. Unlike the court process, mediation preserves the parties’ income because there is less time off from work, and less of the emotional stress, which might interfere with a party’s productivity at work.
*At DRS, All information gathered is copied for the client’s attorneys. We welcome requests for additional information from the attorneys or other professionals. In addition, we try to assure that clients who need such help, bring their attorneys to mediation sessions and/or receive education, advice and support from their attorneys before making any significant agreements in mediation.
What is an ENE and why should we have one?
ENE stands for early neutral evaluation. Judges in certain metro counties frequently refer parties to ENE’s, using court services personnel or private mental health professionals for parenting matters (which are called social ENE’s) and attorneys or financial professionals for financial matters (which are called FENE’s.)
In this process each party presents their facts and arguments to a neutral third party. The evaluator then provides his or her assessment of the strengths and weaknesses of the parties’ positions. This is a settlement tool which gives everyone a neutral analysis of the case and allows parties to reassess their settlement positions or proposals.
In our experience at DRS, we find that a neutral evaluation later in the case, after information has been gathered and settlement discussions begun can also be very useful. We provide neutral evaluations in all types of financial matters at all stages of a case.
