Minnesota Confronts Divorce/Martin Rosenfeld, JD

Posted on April 5, 2015

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A recent post by Dan Simon, a noted mediator, contains the following discussion re Minnesota’s proposed law to transform how divorce is handled:

“Doherty (a Minnesota family therapist   MR) says that, no matter how well-intentioned the lawyers, the assumption that judicial supervision is needed greatly increases the risk of destructive conflict arising. Doherty believes that, very often, couples who get divorced without the help of lawyers do better than they would with lawyers. Doherty’s plan takes divorce entirely outside the courts.”

What I find so interesting about the Simon post is the concept that taking attorneys out of the divorce paradigm may effectively make divorce a less conflictual process. Are attorneys part of the problem, part of the solution, or neutral third parties? Certainly the question that is raised is an interesting one. One personal comment will be added. When is the last time that you read an account which raised the question as to whether the presence of mediators brings more conflict into the divorce mix. Now that is something to ponder.

Mediate don’t litigate.

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