In Minnesota, Med-Arb is now a widely accepted ADR mechanism in which the disputing parties and a third party neutral (Mediator) attempt to reach a voluntary agreement through Mediation, and move to Arbitration by the same neutral on any issue(s) that cannot be resolved by the agreement of the parties. The Med-Arb form of ADR is used by many people who want to attempt to make their divorce decisions themselves, while still being able to dispose of remaining issues quickly if they are unable to reach a settlement. Med-Arb, as with any ADR process, gives you flexibility, privacy and control that are not available in divorce litigation and trial.

Generally the parties agree in writing that the neutral Mediator will also be able to decide the case finally at the end of the Mediation session. If the parties cannot agree on all issues, they leave it up to the Mediator to become the decision-maker through binding Arbitration. The Mediator simply becomes the Arbitrator and issues a binding decision in writing.

With Med-Arb, divorcing couples can have the best of both worlds and avoid the expense and trouble of hiring more than one ADR professional to resolve the contested issues in their divorce. If you are interested in Mediation, but are afraid that you and your spouse will be unable to reach agreement on some aspects of your divorce, you are probably a candidate for Med-Arb.

Choosing a Mediator / Arbitrator will be an important first step. For the Mediator role, you want someone with whom you are comfortable and who you can trust to guide you through your negotiations. For the Arbitrator role, you need a person who can objectively weigh the interests of both parties and make a final determination that is just.

When you choose Mary Davidson as your Mediator / Arbitrator, you gain an experienced Mediator who believes in helping divorcing couples focus on the positive so they can move forward; you also hire a retired Minnesota family court Judge. You can trust in Mary's ability to skillfully wear both hats.

If you live in the Minneapolis-St. Paul greater metropolitan area and would like to discuss Med-Arb, please feel free to Contact Mary.