Mediation Forms for Hennepin
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FAQ
Unless you have a history of spousal abuse in Minnesota, you will be ordered to use ADR, usually mediation, before proceeding to court.
Generally, in order to have your child custody issues decided by a judge in MN, the child(ren) must have lived in MN with a parent or a person acting as a parent for at least six (6) consecutive months (180 days) before starting the court process. There are exceptions for emergency situations.
To find a Qualified Neutral, search the Rule 114 Roster of Qualified Neutrals. You may search the roster by choosing family or civil. You may filter your search by experience, ADR process, and by county. Once you have a list, you may contact any of the providers to find out about fees and experience.
Is mediation compulsory? You do not have to attend mediation; however, if you end up going to Court, it is normally compulsory to participate in a Mediation Information and Assessment Meeting (a MIAM) unless, for example, there are issues relating to domestic violence or child protection.
In general, 50/50 custody offers both parents equal rights when it comes to their children. Both parents will have equal time with their children, so parents will both be able to develop relationships with them.
Many Minnesota judges will defer dispositive motions or a trial until the parties certify completion of an ADR proceeding. By far, the most common ADR process is mediation. The process is mandatory and the court is authorized to impose sanctions for failure to attend a scheduled ADR process.