Fill and Sign the Order Mediation Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, STIPULATION AND ORDER ALTERNATIVE FAMILY LAW AND CASE RESOLUTION , Respondent, It is hereby stipulated by and between _______________ , Petitioner herein, and _______________ , Respondent herein, and their respective counsel, as follows: 1. A Petition was filed in this matter on _______________ , 20 __ , and a Response has/has not been filed. 2. The parties and their counsel have chosen to participate in a program of case management in their pending dissolution, the primary goal of which is to settle in a non-adversarial manner the issues that have arisen and may arise out of the parties' separation and dissolution of marriage. The parties and their respective counsel agree to work cooperatively towards resolution by settlement of the pending issues, with the recognition that any settlement almost always necessitates compromise. 3. The case shall be assigned for all purposes to Judge _____________ (hereinafter referred to as "the Judge"), until the entry of a Judgment which disposes of all pending issues. 4. As Judge for all purposes, the Judge shall manage the case with the goal of achieving the earliest possible resolution of the case at the least expense to the parties. The Judge shall act as law and motion judge, settlement judge, and mediator. To the extent possible, matters requiring judicial resolution shall be carried out through conference calls between the Judge and - 1 - counsel, to be scheduled as appropriate and as agreed upon between counsel and the Judge. 5. The parties and counsel agree to conduct this case with the goal of providing each other with adequate information as quickly as possible, so that any necessary temporary orders can be issued as needed and so that settlement can be explored at the earliest possible time. When settlement exploration seems appropriate, a settlement conference will take place between the Judge, the parties and counsel. 6. Discovery shall be conducted informally and the parties and counsel agree to deal with each other in good faith. No formal discovery shall occur except as authorized and scheduled by the Judge, who shall be available by telephone to resolve disputes. Within thirty (30) days of the date of this Order, each party shall submit through counsel to counsel for the other party, a photocopy of those documents or records in his or her possession or obtainable by him or her, as indicated in the attached and herein incorporated Exhibit "A". 7. Neither counsel shall file any papers, documents, motions or order to show cause without having previously conferred with the Judge. 8. All disputes regarding the reasonableness, amount, obligation to pay and method of payment of attorney's fees and costs in this matter shall be resolved by the Judge, regardless of whether the dispute is between the parties or between one party and his or her attorney. The fee resolution shall be included in the Judgment in this action. 9. Both parties acknowledge that they have read the foregoing document and its attachments, understand all of the terms and conditions, and agree to be bound by them. The parties understand that by agreeing to this alternative method of resolving their dissolution of marriage issues, they are giving up certain rights, including their right to formal discovery, formal court hearings, and other procedures provided by the adversarial legal system. The parties further understand that fee disputes between an attorney and client are not ordinarily resolved as part of a Dissolution of Marriage action, but by separate court action or arbitration. Dated: ________________ ________________________________ - 2 - {Name} Petitioner Dated: ________________ ________________________________ {Name} Attorney for Petitioner Dated: _______________ ________________________________ {Name} Respondent Dated: _______________ ________________________________ {Name} Attorney for Respondent IT IS SO ORDERED. Dated: _______________ ______________________________ {Name} Judge of District Court - 3 -