Trial. In family court, it may be the most difficult thing a litigant can experience. The time, cost and emotion involved in litigating a case can be significant – not to mention the unpredictability of leaving your future in the hands of a stranger in a black robe.

The good news is that in Minnesota there are a number of alternatives available to those who are facing a divorce. In this post, I’ll outline the most common forms of alternative dispute resolution in a marital dissolution action.

Mediation. Bar far the most well-known ADR method involves mediation. Mediation involves a forum in which a neutral third party facilitates communication among parties, and their counsel, to promote settlement. Mediators may not impose their own judgment on the issues in dispute – unless the parties ask them to. In that situation, the process is typically referred to a “evaluative” mediation.

Arbitration. In an arbitration, the parties, and their lawyers, present their position on an issue before a neutral third party. That neutral follows with an opinion and/or order. By default, the arbitrator’s opinion is not binding upon the parties. If agreed by the parties in advance, however, the order of the arbitrator can be binding and enforceable – as though the arbitrator sits with the same power as as judge.

Mediation-Arbitration. A “Med-Arb” involves a hybrid of traditional mediation and arbitration. The parties initially mediate their disputed issues. If they reach an impasse, the arbitrator will make a decision.

Consensual Special Magistrate. The retention of a consensual special magistrate allow each party, and their lawyers, to present the matter as though the magistrate sits in the position of the judge. The matter is actually “tried” to the magistrate, and  his/her opinion is subject to appeal directly to the Minnesota Court of Appeals. You might think of a CSM as a “rental judge.”

Early Neutral Evaluation. In an early neutral evaluation, the lawyers and parties present the issues in dispute to a neutral evaluator (sometimes a team of evaluators). The process occurs rather early in the matter (before formal motions and/or discovery). Once all of the relevant facts and arguments have been made, the evaluator will offer his/her opinion about the strengths and weaknesses of each side, and the likely outcome in the event that a trial occurs. The parties, in reliance upon that opinion, begin mediating their dispute. About 80% of the time, a settlement is reached.

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Photo of Jason C. Brown Jason C. Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized divorce lawyers in the Twin Cities. He has been repeatedly named a “Super Lawyer” by Thomson Reuters, and one of the best divorce lawyers in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator throughout Minnesota. He frequently writes and speaks, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper