The Mental Health Crisis and Mediation Solutions in Family Law

Mental health has increasingly become a focus in the United States with  many ringing alarms that we are in a mental health crisis.  Data in the U.S. Shows that mental health issues were on the rise before Covid-19, but was exacerbated by pandemic related factors.

 

According to the National Center for Health Statistics and U.S Census Bureau, one in five American’s experienced symptoms of anxiety and depression in 2023. The rate of those diagnosed with depression is skyrocketing, with a 2025 Gallop survey projecting 29% of U.S. Adults being diagnosed. This is an increase of 10.6% since 2015. The crisis does not just impact adults, with 2 in 5 high school students reporting they have struggled with persistent feelings of hopelessness.

 

Mental health can become a critical issue in family law cases including divorce, child custody, or parenting time arrangements.  This includes mental health concerns for parents and children alike.  

 

Rather than exacerbate mental health issues, family Law processes in Minnesota have tried to create a legal framework to address and resolve concerns with mental health by moving toward a less litigious model which often includes mediation, or Early Neutral Evaluations (ENE) that allow the participants in a family law case to seek agreeable solutions outside of a courtroom.  Mediations come in many different forms. There are transformative mediations, where the mediator takes a less directive role and fosters communication between the parties on whatever issues concern them.  A facilitative mediation may be more directive and include suggestions on issues and solutions.  An evaluative mediation method is more directed where the mediator offers their expertise regarding what courts are likely to do in certain situations if presented with the issues being raised by the parties.  There are also mediation methods that involve children called child inclusive mediations. These tools offer family law litigants the opportunity to address concerns that a court could not otherwise address in a trial court order, craft individual solutions to their issues, and foster communication to allow meaningful dialogue on evolving issues moving forward.

 

Many people believe that because the historic lines of communication between the other parties have been contentious, abusive or unproductive, mediation will not work.  They would often be incorrect.  Meditation can work, even with the most willful participants and entrenched positions, by breaking down the existing barriers that prevent a dialogue about true concerns.   It is through this method that family law mediation fosters stability and security within many types of familial relationships, balancing the interests of individuals with the collective well-being of families.

 

For information on our mediation Services contact Maury Beaulier.