Mediation is a voluntary, non-binding process used to settle disputes. Parties involved in a dispute meet with trained, impartial people called mediators, usually a male and a female. Mediators listen to both sides, maintain order and make sure all opinions are aired. The mediators do not decide who is right or wrong. Mediators assist the parties in reaching their own agreement. A copy of the agreement is given to the parties.
QUICK
Mediation can be scheduled within a few weeks.
CONFIDENTIALMediation takes place in private. All concerned agree not to discuss the proceedings afterward.
CONVENIENT
Mediation can be held on weekdays during business hours or evenings, virtually or in-person (when safe to do so).
SELF-DETERMINED
Parties decide their own outcome.
COST-EFFECTIVE
Mediation can save parties money.
Fee Schedule
There is generally no fee for the Community or Restorative Justice Programs unless the mediation is for a large group or involves monetary recovery.
Shared Parenting Mediations cost $400.00. This is a non-refundable administrative fee for file administration. Usually, both parents split the fee. Payment of the non-refundable fee by both parties is required prior to the mediation.
A sliding fee scale is available for a party unable to pay regular fees because of their annual income:
$40,000 and above |
$200 |
$20,000 to $40,000 |
$150 |
Under $20,000 |
$100 (payable in installments if necessary) |
We want to work with you and help you resolve your conflicts. Please contact us at 763-422-8878 to discuss a fee that would fit your financial situation.
MARS would like to be able to help all parties who seek mediation. There are cases we cannot help with however. Because we are a 501(c)(3) nonprofit organization and receive some of our funding from the State of Minnesota, we must adhere to State Statues and State requirements.
Under Minnesota State requirements and Statues, MARS is unable to handle the following cases:
- Divorce mediations
- Never married couples who do not have a court determined parenting time schedule.
- Situations involving violence or abuse
- Changing the legal custody of a child
- Child support matters
Below are links to resources that you can use to find an Alternative Dispute Resolution (ADR) professional (sometimes referred to as a “Neutral”).
Minnesota Alternative Dispute Resolution – Neutrals Roster
Conflict Resolution Minnesota – Find an ADR Professional
Legal Resources
Family Law Clinic (at the Anoka County Law Library) – A joint program with the Law Library and Central Minnesota Legal Services, the Family Law Clinic provides lawyers who may be able to help with your legal questions.
763-422-7487
Judicare of Anoka County – A non-profit corporation that provides free legal representation in non-criminal matters to low income residents of Anoka County.
763-783-4970
Minnesota Volunteer Lawyers Network – Volunteer Lawyers Network matches low-income clients with volunteer attorneys for free civil legal services.
612-752-6677
The volunteer mediators are people from the community who are trained according to Minnesota Statutes. Mediators represent a variety of backgrounds, interest,s and occupations. Working in pairs, mediators help people resolve their problems.
1. Please read all the information, in regards to the mediation you seeking, provided in the “Services” tab.
2. If you feel comfortable with the information and would like to start the mediation process fill out and submit the appropriate “Mediation Request” online form.
3. We will reach out to you to gather additional details about your situation, and then reach out to the second party to determine their willingness to participate in a mediation and to receive details from them as well.
4. When all parties agree to participate and when administrative fees are paid (when applicable), we will schedule a session during a time that works for both parties.
During the mediation session, the mediators will:
- First, the mediators will review the”Agreement to Mediate” form that all parties will sign to proceed and answer your questions. (Visit “Agreement to Mediate” section if you have further questions about the document”).
- Next, they will work to clarify the concerns and issues of both parties. (See “Parties Opening Statements” for more information).
- A discussion of differences will follow. (Visit “Joint Discussion” below).
- Then, a session to brainstorm solutions will occur.
- Finally, if the mediation session is successful, a mediation agreement, with mutually acceptable solutions to the issues, will be developed
When a solution is reached, the terms of the agreement are written down by the mediators on the “Mediation Settlement Agreement“. Copies are given to the parties and not shared with anyone else. Our agreements are not legally binding. Parties with any legal questions should consult with an attorney regarding its application within the legal process.
Mediation and Restorative Services will then close the file. If another mediation is needed in the future, please contact us.
During the opening statement the mediators will read through this document. Upon agreement to meditate this document will be signed by everyone who is present in the room. Copies will be made and given to each party. This document discusses:
- The purpose of mediation
- The voluntary nature of mediation
- The confidentiality of mediation
- Everything that happens or is said during a mediation session is confidential.
- A mediator cannot be subpoenaed or testify or produce records, notes, or a work product in any future legal proceedings.
- The reporting requirements of a mediator
- Mediators are required to report evidence of child abuse and/or abuse of a vulnerable adult and the mediation stops.
- The neutral, facilitative role of the mediator
- Mediators are not given details of the case prior to mediation
- Mediators and are not responsible for settling problems, making suggestions or providing an appropriate outcome
- The definition of a “Caucus”
- During the mediation, any party or mediator may request to speak with another party or mediator privately.
- The ground rules of the session
- Mediators will establish ground rules for the mediation.
- The expectations of the session
- Parties may refuse to disclose information, but will not give false information.
- The time limits (Mediations usually do not last longer than two hours) and parties are asked to notify mediators of time constraints.
- Lastly, the agreement is non-binding. Mediators cannot determine the legality of this agreement.
The Parties Opening Statements of the mediation begins after the “Agreement to Mediate” form has been signed by everyone in the room. During the opening statements each party has an opportunity to explain their point of view and express their feelings without being interrupted.
The mediators will summarize the parties’ opening statements. They may ask clarifying questions so the issues can be properly identified. The role of the mediator is to assist parties to facilitate a discussion and assist with communication in order to develop their own jointly acceptable solution.
If parties are able to reach a solution, the mediators will document it on this agreement form. Each party then signs the agreement. This is a good faith, non-binding agreement between the parties. We cannot legally comment on the Mediation Settlement Agreement, but encourage you to consult your attorney for information regarding its application within the legal process.
- If the Mediation Settlement Agreement is signed, copies are given to the parties.
- They are not shared with anyone else.
We cannot legally comment on the Mediation Settlement Agreement, but encourage you to consult your attorney for information regarding its application within the legal process.
Regardless of the outcome, Mediation and Restorative Services will shred mediation notes and close the file. If mediation is needed in the future, you can contact us to schedule another session.