From parenting plans to property division, mediation is a common tool in family law. Here’s why so many families choose this path instead of going to court.
When families face legal disputes—especially during divorce or custody matters—emotions can run high, and finding a path forward isn’t always easy. That’s one reason why mediation is often used in family law.
While it’s not the right fit for every situation, mediation has become a widely used tool for helping families work through sensitive issues in a less adversarial way. So, what is it about mediation that makes it such a common option in family law cases?
Here’s a general look at why many families turn to this process.
It Creates Space for Constructive Conversation
At its core, mediation is all about communication. Rather than letting a judge decide what’s best, the people involved sit down with a neutral third party—a mediator—to talk through the issues and try to reach an agreement.
In family law cases, that might mean discussing parenting schedules, financial arrangements, or how to divide property. The mediator helps guide the conversation and keep things focused, without taking sides or making decisions.
It’s More Private Than Going to Court
Mediation usually takes place outside of a courtroom, which means it’s more private and often more comfortable for everyone involved. That’s especially helpful when dealing with personal family matters that people may not want aired in a public setting.
Instead of a formal hearing, mediation sessions often happen in a neutral office or virtually—creating a setting that feels less intimidating and more personal.
It Can Help Preserve Relationships
Even when a marriage is ending or there’s a disagreement about parenting, most families still need to maintain some kind of relationship—especially when children are involved. Mediation allows both sides to talk openly and work together, which can help reduce tension and preserve co-parenting dynamics.
It also encourages compromise, which can go a long way in helping families move forward.
It Can Be Quicker and Less Costly
Every case is different, but in general, mediation can help speed up the resolution process. By avoiding a lengthy court timeline, families may be able to settle their issues sooner and with fewer legal expenses.
That said, mediation doesn’t always resolve everything—but even partial agreements can reduce the number of issues that need to go before a judge.
It Encourages Personalized Solutions
One of the biggest benefits of mediation is flexibility. Instead of having a judge impose a decision, the people involved can come up with solutions that actually fit their lives. Whether it’s creating a unique parenting time schedule or working out a specific financial arrangement, mediation gives families room to think outside the box.
Final Thoughts
Family law matters are often personal and emotional. Mediation offers a structured but collaborative way to navigate those challenges—with privacy, flexibility, and a focus on working together.
If you’d like to learn more about how mediation is generally used in Minnesota family law cases, the team at Borden, Steinbauer, Krueger & Knudson, P.A. can provide general information.
Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.
Areas of Practice:
- Business Litigation
- Construction Litigation
- Property Law & Real Estate
- Contract Disputes
- Personal Injury
- Probate/Trust Disputes
- Landlord/Tenant
- Family Law
Education:
- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.
- Concentration in Real Estate and Business Transactions
- North Dakota State University, Fargo, North Dakota, 2019, B.S.
- Honors: Magna Cum Laude
- Majors: Political Science and Management Communication
Bar Admissions:
- Minnesota 2024
Professional Memberships:
- Minnesota State Bar Association
David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.
He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.
David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.
Areas of Practice:
Education:
Bar Admissions:
Professional Affiliations:
Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes. Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.
Areas of Practice:
– Estate planning
– Business and corporate
– Real estate and landlord representation
– Probate disputes, guardianships and conservatorships
– Municipal and governmental relations
-- Mediation
Education:
– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.
– Honors: Cum Laude
– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.
– Honors: Summa Cum Laude
– Honors: Aquinas Scholar
– Major: Economics, Spanish, Minor: Business
Bar Admissions:
– Minnesota, 1994
– U.S. District Court District of Minnesota, 1994
– U.S. Court of Appeals 8th Circuit, 1996
Professional Memberships:
– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present
- Lakes Area Music Festival Board, Board Member 2022-present
– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019
– Benevolent and Protective Order of Elks, Brainerd Lodge #615
– Zonta International, 1999–2018
– Jaycees, Brainerd, 1998–1999
– Aitkin/Crow Wing County Bar Association, 2000–2001, President
– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President
Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.
Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.
Areas of Practice (during his active years):
Plaintiff’s Personal Injury
Civil Litigation
Real Estate Litigation
Construction Litigation
Contract Litigation
Mediation and Arbitration
Education:
– University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
- Honors: Graduate of the Year, Bruce Inn
- North Dakota Law Review, 1979–1980
– Concordia College, Moorhead, MN – B.A., 1974
- Major: Business Administration / Hospital Administration
Bar Admissions:
Minnesota, 1980
U.S. District Court, District of Minnesota, 1981
Professional Memberships:
American Bar Association, Member
Minnesota State Bar Association, Member
American Association for Justice, Member
Minnesota Association for Justice, Member
Crow Wing-Aitkin County Bar Association, Past President
Brainerd Area Chamber of Commerce, Past Board Member
Brainerd Jaycees, Past President (1981–1982)
Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler
P.O.R.T. Group Home, Past Member, Board of Directors
