Mediation in MN Family Law

Last reviewed November 3, 2026

Mediation is the most widely used form of alternative dispute resolution (ADR) in Minnesota family law. A trained neutral helps the parties negotiate their own agreement on custody, parenting time, support, or property. Settlements reached this way avoid the cost and uncertainty of trial. This article explains the rules that govern family mediation, how a session works, what mediation costs, and what happens afterward. It is part of the site’s guide to court and ADR processes.

Why Mediation Is So Common

Under Minn. Gen. R. Prac. 310.01, nearly all family matters in district court are subject to ADR. The exceptions include domestic abuse proceedings and contempt actions. Courts usually address ADR at the Initial Case Management Conference, and mediation is frequently the process chosen. It is also available after the decree, in modification and enforcement disputes (Rule 310.02).

Domestic Abuse Protections

Mediation requires the parties to negotiate directly, so the law limits its use where abuse is alleged. Under Minn. Stat. § 518.619, subd. 2, the court may not require mediation if it finds probable cause that a party or child has been physically or sexually abused by the other party. Rule 310.01(b) similarly bars a required facilitative process when a party claims to be a victim of domestic abuse. Family mediators must also complete training in domestic abuse screening.

Who May Serve as a Mediator

Court-referred family mediators are generally drawn from the statewide roster of qualified neutrals under Minn. Gen. R. Prac. 114. To be listed on the family law roster, a mediator must complete at least 40 hours of certified training. The training covers family law, children’s needs, family finances, ethics, and at least six hours on domestic abuse. Section 518.619 likewise requires 40 hours of certified training for mediators in contested custody matters.

Many family mediators are experienced family law attorneys. Others come from mental health or financial backgrounds. Parties often choose a mediator whose background fits the issues in dispute.

Confidential and Voluntary

Two features define mediation:

• Confidentiality. A neutral’s notes, records, and opinions are confidential under Rule 114.08. In custody matters, mediation records are private and not available as evidence (§ 518.619, subd. 5). After mediation, the mediator may tell the court only limited information, such as whether the case settled (Rule 114.10).
• Self-determination. The mediator cannot impose a result. Each party decides whether to agree, and either may end the session.

Facilitative and Evaluative Approaches

Mediators vary in style. A facilitative mediator helps the parties communicate, identify interests, and generate options, without offering an opinion on the likely court outcome. An evaluative mediator, by contrast, may share a view of how a judge would likely rule. Many mediators combine the two, and the parties may request one approach or the other.

A related but distinct process is early neutral evaluation, which is evaluative by design.

How a Mediation Session Proceeds

1. Preparation. The mediator usually sends an agreement to mediate and a fee arrangement. The mediator may also request financial documents, proposed parenting schedules, or prior orders.
2. Opening. The mediator explains the process, the ground rules, and confidentiality.
3. Presentation of positions. Each party, or counsel, outlines the issues and what they hope to achieve.
4. Negotiation. The parties exchange proposals. Mediators often use caucuses, meaning private meetings with one side at a time. Some sessions are conducted entirely in separate rooms or by video.
5. Closing. The mediator summarizes any agreement reached and the issues that remain.

A single session commonly lasts a half day. Complex cases may require several sessions.

Cost of Divorce Mediation in Minnesota

Minnesota law does not set mediator fees. Under Rule 114.11, the neutral is paid according to the agreement with the parties or as the court orders, and the fees must be fair and reasonable.

How Mediators Charge

Most private family mediators charge an hourly rate and request a retainer in advance. Some offer flat-fee packages, such as a set fee for a half-day or full-day session. Time spent reviewing documents and drafting a summary of the agreement may also be billed.

What Drives the Total

• the mediator’s experience and professional background;
• the number and complexity of the issues, such as business valuations or retirement division;
• the number of sessions needed; and
• preparation and drafting time.

In addition, each party’s own attorney, if any, bills separately for preparation and attendance.

Who Pays

Parties commonly split the mediator’s fee equally. Where incomes differ significantly, they may instead agree, or the court may order, an allocation in proportion to income. A party who qualifies for a fee waiver under Minn. Stat. § 563.01, or who is otherwise unable to pay, cannot be required to participate in ADR unless free or low-cost services are available (Rule 114.01(c)). Community dispute resolution programs offer reduced-fee mediation in many areas. For other court-related expenses, see Divorce Filing Fees and Court Costs.

Even when mediation is not inexpensive, it typically costs far less than litigating the same issues through trial.

Possible Outcomes

• Full agreement. The terms are written up and, once approved by the parties and their attorneys, submitted to the court as a stipulation. A mediated custody agreement must be reviewed with counsel before it is presented to the court (§ 518.619, subd. 7).
• Partial agreement. The resolved issues are documented, and the remaining issues proceed through further negotiation, ADR, or court.
• No agreement. The case continues toward a pretrial conference and, if necessary, trial. In custody matters, the mediator may recommend an investigation under § 518.167.
• Another session. Parties who are making progress may schedule further mediation.