Dispute Resolution Services (DRS) : Types of Cases : Cohabitation

At Dispute Resolution Services, we can assist clients with cohabitation matters in two different ways.

Mediation of Cohabitation Contracts
One way DRS can help is the mediation of cohabitation contracts. Under Minnesota law, a heterosexual couple who intend to live together in a romantic relationship may enter into a contract as to their property and financial relations so long as the contract is written and signed by the parties and the other statutory requirements are met. In such a case, DRS mediators will require that each party is represented by an attorney who draft and review the contract and procedures to be sure that the contract will be enforceable in the event the parties separate.

While contracts between same sex couples are not enforceable under Minnesota law, DRS mediators also assist same sex couples in creating good-faith agreements regarding their financial relationship during the relationship and in the event of separation. We suggest that such clients are also represented by counsel, who are experienced in the enforceability of civil contracts.

Mediation, Private Decision Making and Neutral Evaluations Related to Separation of Cohabiting Parties
Dispute Resolution Services also provides services to married and same sex parties who are ending a cohabitation relationship.

A written enforceable contract between partners may be ambiguous or give rise to other concerns. Depending upon the parties’ wishes, a DRS professional can provide mediation services, engage in a neutral evaluation or decide a point as an arbitrator, Consensual Special Magistrate (CSM) or Special Master.

Even couples without a written enforceable contract may choose alternative dispute resolution services to resolve conflicts which occur upon separation. In addition to creating a parenting plan and determining child support for any minor children, such parties may wish to mediate certain financial issues. In that event, each party should consult with a civil lawyer about any possible remedies under the law. Regardless of legal remedies, clients may reach agreement on various financial issues if both are willing to do so.

Providers
All DRS neutrals provide mediation services related to cohabitation.

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