Decoding the ICMC Hearing in Minnesota Divorces

Understanding the terms and process in your divorce can make all the difference. In Minnesota, one of the key components in a divorce proceeding is the ICMC, or Initial Case Management Conference.

Lawyers and Acronyms

As lawyers, we tend to love our acronyms. In a divorce, you may encounter quite a few. From the ICMC (Initial Case Management Conference) to ENE (Early Neutral Evaluation) and its subcategories like FENE (Financial Early Neutral Evaluation) and SENE (Social Early Neutral Evaluation), the terminology can be overwhelming. You might discuss appointments of PCs (Parenting Consultants) or PTEs (Parenting Time Expeditors), and you might even resolve your case with an MTA (Marital Termination Agreement) leading to a J&D (Judgment and Decree). It’s crucial to consult with experienced legal counsel to fully understand these terms.

Early Neutral Evaluative Process (ENE)

The focus of this article is the ICMC. Many Minnesota courts utilize a model called Early Case Management. This system rests on the idea that families benefit financially and emotionally by resolving issues concerning children and finances early in the process. It’s often said that more than 80% of cases settle during ENEs, although the exact figures may vary. Like any negotiation in divorce, it requires commitment from both parties (and their legal representatives) to settle matters without escalating to courtroom battles. Despite initial perceptions of the other party as 'unreasonable,' good attorneys and trained evaluators can often help reach agreements even where it seems improbable.

Initial Case Management Conference (ICMC) Purpose

The ICMC is the first hearing after filing for divorce, legal separation, or custody. Usually scheduled within 30 days, it's essentially an introductory meeting—your chance to meet the judge and for the judge to understand the parties involved. The aim is to foster communication, set timelines, and establish the procedures for progressing the case, including any possible dispute resolution avenues. A Confidential Data Form must be completed and submitted before the conference, providing a concise case summary to the judge.

ICMC Process

During the ICMC, the court cannot issue any orders without the parties’ consent. If agreements exist on any issues, they become part of the case record. Typically, the judge will discuss with the parties and counsel the issues and concerns hindering resolution. The discussion includes potential ADR (Alternative Dispute Resolution) options. From this meeting, parties choose their path, whether through dispute resolution or evaluative and litigation processes. It’s wise to thoroughly discuss the benefits of each option with your attorney.