frequently asked questions

What does a mediator do?

A mediator is a neutral party who is skilled and trained to facilitate communications between people who have disagreements, to help them understand their needs and requirements in a conflict and to help them work toward solutions that are acceptable to everyone involved. Mediators are trained in using mediation processes and communications strategies to guide the parties through an exploration of their conflict, their interests, and toward lasting solutions.

Unlike courts - with judges and juries who decide the "winner" in a dispute - a mediator does not make decisions about who is right and who is wrong. While a mediation might end with a legally enforceable agreement, mediators do not decide what the outcome should be.

Do you mediate matters that have not been filed as court cases?

Yes. We provide expert mediation services regarding conflicts both in and out of court. The adversarial nature of civil litigation can make communication and compromise more difficult. A dispute that might otherwise end up in court can be ideal for pre-lawsuit mediation, before any significant expenses are incurred.

We also provide mediation for conflicts in businesses, organizations and communities that might never end up in court, but nonetheless represent substantial challenges for which guided mediation may be of help in reaching a lasting and fair resolution.

Where do the mediation sessions occur?

In short, wherever the parties would like the mediation to occur. We conduct mediations over the internet (using such apps as Zoom, Teams, or Google Meet), or at our offices in downtown Anoka across from the Anoka County Courthouse, or at any other location the parties find convenient and appropriate.

How long does a mediation take?

You can select the length of mediation that you think is appropriate for your matter. This could depend on the complexity of the conflict or the number of persons or parties involved, among other things. Once you have provided us some basic information about your conflict, we can advise you about how much time to reasonably expect. Mediations can take place in as little as an hour or two where the disagreement is a straightforward matter between two people. Or mediation could occur during a half or a full day session, or even over multiple sessions, if necessary.

How much does mediation cost?

We ordinarily charge an hourly rate for our services, so the cost can vary depending on the complexity of the dispute, the number of parties involved and other factors. When parties reach an agreement to resolve a dispute through mediation, the cost is almost always going to be a fraction of the cost of each party paying their attorneys’ hourly rates for the litigation over the course of a case that can take years to finalize. Anoka Conflict Solutions, LLC does offer reduced rates in special situations based on ability to pay and may even consider pro bono (free!). So don’t assume you can’t afford mediation, especially if the alternative is the cost and frustration of litigation through attorneys in the courts.

What is co-mediation?

Some conflicts involve issues that are complex or involve so many parties or issues that that more than one mediator is necessary to keep the process going. In such instances, co-mediation may be the appropriate approach. In co-mediation, two or more mediators work with the parties involved to facilitate the mediation process, making sure that everyone gets a chance to be heard on every issue and helping to synthesize many complex issues as you work toward an agreed solution. In addition, different mediators may have special and particular skills and experience they bring to the table, and certain disputes can be more efficiently addressed by such skilled mediators working together.

Is mediation confidential?

Yes. What happens in mediation stays in mediation unless everyone involved agrees otherwise. The things you say to our mediators will be held in strict confidence and we will not keep any records or files or notes that contain any confidential information from the mediation. Also, under Minnesota law and rules, we cannot be asked to testify in court about the information you share during mediation.

How do we begin the process?

Contact us about your interest. If everyone involved in the conflict is ready to try mediation as a solution, we will provide you with an intake form in which you can tell us the basic information about the conflict, such as who it involves, a brief summary of the nature and type of conflict, etc. This will help us assess how much time you’ll likely need and which mediator is best for your situation. Each person or party involved will sign an “agreement to mediate” before we begin and may also submit any additional materials or a statement about their position or perspective to the mediators if they so desire. These additional materials will remain strictly confidential unless you clearly tell us otherwise.