In many family law cases in North Dakota and Minnesota, parties can resolve disputes before the matter reaches trial. In some cases, the state may even require them to go through mediation before they can proceed to litigation. Here’s what you need to know about the requirements in each state, as well as how an experienced family law attorney can help you during the mediation process.
Mediation in North Dakota Family Law Cases
North Dakota’s family law mediation program focuses on families who go to court to resolve child custody-related issues, including primary residential custody or parenting time disputes. The program seeks to help parties reach a consensus on such issues to minimize conflict and facilitate shared decision-making.
In North Dakota’s program, a non-judicial mediator facilitates communication between the parties to reach voluntary agreements regarding their dispute. However, the program differs from case evaluation or settlement conferences authorized by the North Dakota Rules of Civil Procedure.
When Does Mediation Become Required?
The court clerk must refer a case to the mediation program if it involves:
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A dispute or unresolved issue regarding parental rights and responsibilities, relocation of a child, or grandparent visitation (including divorce, separation, or paternity proceedings)
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A post-judgment proceeding to modify parental rights, remove a child from North Dakota, or obtain grandparent visitation, if the court finds that a prima facie case exists
The court may also refer a case to mediation at any time unless prohibited by rule.
Exceptions to Mandatory Mediation
Court rules exempt certain child custody cases from the mediation program, including when:
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The proceedings involve the termination of parental rights
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The parties have already engaged mediation service prior to filing in court
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The parties have stipulated to parental rights and responsibilities
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The parties have a current order of protection between them, unless the victim requests mediation and the court makes an exception, with appropriate security procedures utilized for the mediation
The Mediation Process in North Dakota
North Dakota’s family mediation program provides up to six hours of pre-mediation orientation and mediation, with an orientation and screening session and at least one mediation session. Parties who use all six hours may purchase additional mediation sessions from the mediator at the rate set by the court administrator, and economically disadvantaged parties can apply for a fee reduction or waiver. The parties must contact the mediator and attend mediation within 20 days of the court’s scheduling order. Mediation sessions must occur within 120 days of the order.
Mediation in Minnesota Family Law Cases
Minnesota’s mediation program also provides services in cases involving contested issues of child custody or parenting time designed to help reduce conflict between parties and develop agreements that serve children’s best interests. The court system also offers other forms of alternative dispute resolution that most family law cases must attempt, including Early Neutral Evaluation, in which a neutral subject matter expert reviews the parties’ information and provides an assessment of the strengths and weaknesses of each side’s case.
Parties in a family law case may undergo a Financial Early Neutral Evaluation for financial disputes (e.g., property division or spousal support) or a Social Early Neutral Evaluation for custody and parenting time issues. The court administrator maintains a roster of qualified neutrals in family law matters who have attended at least 40 hours of court-certified training and six hours of training on domestic abuse issues.
Exceptions and Waivers
The court may decline to refer a case to mediation or other ADR proceedings if it finds probable cause that one party or child involved in the case has suffered physical or sexual abuse by any other party.
Contact Our Family Law Firm Serving Minnesota and North Dakota
Contact Melinda Weerts Law, PLLC today for a confidential consultation with a family law attorney. We’re proud to help clients throughout Clay and Becker counties in Minnesota and Cass and Traill counties in North Dakota.