Mediators, Parenting Consultants, and Expeditors - oh my!

While this is unquestionably the worst blog entry title yet, it is a topic that seems to come up quite a bit in our line of work. We handle so many cases with children involved, and we always try our hardest to end up with a parenting schedule that everyone can understand and abide by. However, we also know that it is inevitable that conflict will rear its ugly head at some point, even under the most skillfully crafted parenting plan. When it does, the parents need to have a method in place on how they want to address the disagreement.

One possible solution is for the parties to agree to attend a mediation session should any conflicts arise that can't be resolved more simply. On a very basic level, the parents will simply call a trained professional mediator (attorney and non-attorney mediators are available) and schedule a time that they all can meet to discuss and hopefully resolve the situation without litigation. We work with several mediators across the twin cities (and are mediators ourselves!) that are very skilled at helping the parties find a solution to a problem previously thought to be an impasse. However, one drawback of this solution is that it is completely up to the parties to reach an agreement during mediation, meaning that should either party dig in their proverbial heels and refuse to compromise, no solution will likely be reached, and the mediator doesn't have the authority to make a decision or binding ruling, leaving the parties to go to court to litigate the issue.

A second solution is to agree to employ a Parenting Consultant to work with the parties. Usually, the parents will find a parenting consultant that they are both comfortable with (we have several recommendations for professional parenting consultants across the cities), and sign a contract that defines the role and scope of authority of the parenting consultant. The parties can agree to have a narrow range of circumstances and powers that a parenting consultant can have, or can make the powers and authority very broad, all depending on the contract. Parents can agree to have a parenting consultant stay on the case for many years if necessary. Issues that can be addressed by a parenting consultant are broad and can include parenting time disputes, transportation issues, discipline styles, financial considerations, and extra-curricular activities. Depending on the contract, a parenting consultant can often attempt to mediate a dispute, then if that is unsuccessful make a binding arbitration-style decision, which of course is appealable by either party to the court. A major benefit of employing parenting consultants is the flexibility and range of power that they may have, as well as their ability to make a reasonably quick decision. While not inexpensive, employment of a parenting consultant is often far less expensive than litigation.

Lastly, Minnesota Statutes specifically create a “Parenting Expeditor” (see Minn. Stat. 518.1751) to address parenting time disputes. The parties can agree to employ such an expeditor, or the court can appoint one on its own if necessary. Parenting expeditors are more limited in their scope – they have the authority to interpret existing court ordered parenting schedules that are in dispute. An expeditor may not modify the schedule, but may make a fast, binding decision regarding enforcement or ambiguities in the schedule. Parenting time expeditors may also order compensatory parenting time when appropriate. Issues such as necessity of medical care, enrollment in extra-curricular activities, denial of parenting time, and first right of refusal are all within the realm of authority for a parenting expeditor to decide. Of course, while the expeditor has almost judge-like authority to issue quick decisions on these issues, each parent retains the right to appeal the decision to the district court.

We are more than happy to answer any questions you may have about parenting dispute resolution. Give Vox Law a call or email to find out more, to set up a mediation session, or for a recommendation of a qualified professional parenting consultant or expeditor in the Twin Cities area