Finding Successful Resolutions to Divorce and Property Division

Mediation ● Collaborative Law ● Early Neutral Evaluation ● Litigation

The process you use to reach a divorce agreement can make a difficult situation worse—or it can set the stage for more positive interactions for years to come. Our philosophy at the Wintering Law Office is to protect our clients’ and their children’s best interests by considering both the short-term and the long-term impact of actions taken during divorce.

We provide our clients with a full range of alternative dispute resolution (ADR) models to choose from, including mediation, parenting time expediting, collaborative law, and early neutral evaluation. Each family law case we handle is unique and some methods will work better than others. Contact our Rochester family law office to schedule a free initial consultation to learn more.

Whichever method you choose, ADR will usually result in a divorce, property settlement, and child custody agreement in less time, at less expense, and with less conflict than courtroom litigation.

Even if your case is quite complex—involving significant financial assets, a family-owned business, or areas of substantial disagreement—with the right resources and support and a commitment on both sides to negotiate in good faith, one of these ADR methods is likely to work for you.

Mediation: A neutral mediator (not working for the husband or the wife) provides a structured environment in which the divorcing parties can talk through difficult issues. Mediation focuses on and builds upon areas of agreement, rather than areas of disagreement. Mediation helps the two parties look toward the future, rather than rehash mistakes of the past. Each party may have an attorney present. If the mediation does not result in a settlement agreement, agreements that were reached can form the basis of a case in court.

Collaborative Law: This process is similar to mediation, but involves both the couple and their respective attorneys, and may not involve a neutral. Collaborative law emphasizes settlement, and can save clients both time and money because it eliminates the common practice of preparing for trial at the same time settlement is considered.

Both the parties and their attorneys commit NOT to take the matter to court so they can dedicate themselves to finding an amicable resolution. If either party decides agreement is not possible and chooses litigation, both parties' lawyers must withdraw from the case and the couple must start over with new attorneys.

We estimate that most of our cases using the collaborative method have been settled in two or three months, compared with at least twice that long for traditional divorces.

Early Neutral Evaluation (ENE): This is a relatively new model developed in Hennepin County. The purpose of ENE is to give the parties a snapshot view of how their case is likely to look if they took it to a judge. A team of two evaluators reviews the available documents and issues a determination of what a full evaluation would likely recommend.

Litigation: Certainly there will be cases that cannot be resolved through mediation. Attorney Wintering is a strong advocate protecting the interests of clients in cases in which a former partner is being dishonest, is hiding financial assets, or poses a safety risk to the spouse or children. Court is the last resort—but it is the best option for some cases.

Attorney Terri Wintering has been a leader in ADR in Rochester and southeastern Minnesota for more than 20 years. When you are seeking experienced legal help with divorce and property division, from simple to complex, contact the Wintering Law Office.