I recently attended a Minnesota AFCC conference. AFCC is an organization devoted to legal professionals. The speaker, a law prof from Canada, spoke of how broken the Canadian and US court systems are with respect to family law (divorce and custody matters). She believed that it was necessary for family law to be taken out of the court system or remade entirely within the system. Not long ago, a bill was introduced in the Minnesota state legislature that would create a separate system for divorce and family matters.
When it comes to divorce mediation or family mediation, I agree. Minnesota divorce mediation should not be handled by the courts. With a little help, parents can handle their separations better than the court system. And judges would be better off too, because most judges hate deciding family law cases.
In many or even most family law cases, mediation without attorneys can accomplish agreement faster and cheaper than two opposing attorneys arguing back and forth on their own or worse yet, going to court.
At very least, attorneys should offer unbundled services: writing up a divorce agreement, appearing in court or writing letters. It is helpful to have agreements in divorce or custody mediations written up by an attorney so judges will understand what the couple wants. When I help a couple work out an agreement, I can refer the couple to some of the few attorneys who offer such services. Divorce mediation or custody mediation done in this way can be half (or even less) the cost of a traditional attorney aided divorce. There will always be cases (abuse, mental illness, extreme substance abuse) where attorneys will be necessary for divorce, but mediation without attorneys can work for the rest. An easy divorce or at lest an easier divorce. enough said.