Mediation
A process where a trained, neutral third party helps people in a dispute reach a voluntary agreement.
Mediation is a way to resolve disputes without going to trial. A neutral person called a mediator meets with both sides and helps them communicate, explore options, and try to reach an agreement everyone can accept. The mediator does not decide who is right or wrong – that is the key difference between mediation and going before a judge.
Important things to know about mediation:
- Voluntary agreement: Nobody can be forced to accept a deal in mediation. Both sides must agree to any resolution.
- Confidential: What is said during mediation generally cannot be used later in court.
- Court-ordered or voluntary: Minnesota courts often require mediation before a case goes to trial, especially in family law and civil disputes. Parties can also choose mediation on their own.
- Less expensive: Mediation usually costs far less than a full trial.
Example: In a divorce case, a Minnesota court may order the couple to attend mediation to try to agree on custody and property division before scheduling a trial. A mediator helps them discuss options, but any agreement must be voluntary.
When a court orders parties to try to resolve their case before trial, or when people choose to settle a dispute outside of court.