Divorce mediation is a form of alternative dispute resolution that brings parties together to resolve their differences amicably before proceeding to trial. The divorce mediation process offers a way to reach settlements on complex issues while reserving the right to pursue litigation if an agreement cannot be reached. A certified mediator’s role is to facilitate discussion and progress toward a workable settlement that resolves areas of disagreement. It is common for each party’s attorney to also attend mediation sessions.
Many people associate divorce proceedings with protracted court battles and significant personal and financial losses. However, divorce doesn’t have to unfold in a manner that is damaging to everyone involved. It is possible for divorcing couples to do so amicably. In fact, divorce mediation is a process that even celebrity couples are choosing to embrace.
Divorce mediation is a form of alternative dispute resolution in which couples work with a neutral party to resolve their differences and reach a divorce agreement without a lengthy, expensive court battle.Â
If you haven’t heard of the mediation process, you may not understand what it entails. When a couple chooses mediation over a traditional divorce, they are choosing to negotiate their divorce settlement rather than go to court.Â
They will do this in a neutral setting, with a third party (a certified divorce mediator) present, along with each party’s own attorney. This individual is not permitted to take sides and will simply serve as a facilitator.
Couples entering the divorce mediation process begin with an initial meeting, during which both parties identify the key issues to be resolved.Â
An exchange of information will also take place. From there, additional meetings will be scheduled to review the issues and negotiate divorce terms. Depending on the complexity of one’s case, this can be done fairly quickly or take time.
In the most contentious divorces, spouses may not even be in the same room for mediation. The divorce mediator will help the couple to explore compromises and set effective terms for their divorce, which they then finalize in a signed agreement to present to the courts.
For most people, the topic of divorce or separation is not an easy topic to broach. Generally, asking one’s spouse for a divorce is very difficult, and for some traditional families, it is even more difficult due to the possible societal implications a divorce may have upon them in their respective communities.
Divorce mediation gives each party a voice and a chance to be heard. Furthermore, where there may have been a power imbalance in the family prior to seeking a divorce, in mediation, both sides are treated as equals and can openly share their viewpoints and ideas.
Even though for some, seeking a divorce is a fresh start, for others in their communities, it may be frowned upon. Regardless, when a marriage is no longer viable and irreconcilable differences arise, civil divorce is an option.
In addition to the family court system, couples may have other options, such as divorce mediation. It is important to consider talking with a divorce mediation attorney to understand the pros and cons of all options when seeking a divorce.
Michigan residents may find it interesting to learn that, for those interested in getting a divorce, in addition to the family court system, couples can choose to participate in divorce mediation. In fact, some states require couples in divorce proceedings to at least attempt mediation before going to trial.
Typically, in a court system, unless there is a pre- or postnuptial agreement, when a couple cannot agree on how property should be divided, the final decision may be left to the presiding judge. By participating in divorce mediation rather than leaving it to a judge, the couple can discuss how property may be divided. Generally, the purpose of the mediation process is to foster agreement between parties in an environment where both sides feel safe.
Furthermore, when it comes to mediation for child custody or child support, rather than having a court determine how much time a parent gets, parties in mediation can devise creative solutions to ensure that, despite their differences, they can work in the best interests of the children. For families that are fairly traditional and follow certain customs, divorce mediation may help to preserve, to some extent, how the parents would like to raise their children.
After a settlement is reached, your divorce mediation will need court approval before the divorce is officially granted. This will not require a court hearing; rather, it just requires that the agreement be submitted to the court for review. If accepted by the court, it will become a legally enforceable agreement.
Some people believe that mediation serves as a substitute for utilizing legal counsel during divorce. While it is not necessary to have an attorney present during the meetings, most people do. If one goes to a divorce mediation meeting without legal counsel, it is still wise to have an attorney review the final settlement before signing, just to make sure it truly serves one’s best interest.
Mediation in Michigan can be a great alternative to traditional divorce if a couple is willing to openly and honestly communicate. Disagreements will happen; it is only natural. But at the end of the day, the parties share a common goal — finalizing their divorce swiftly and without the need for litigation. A family law attorney can help those facing these issues in Michigan make this a reality.
The main benefit of mediation is that the couple is in control of their divorce process. They are not dependent on a judge making all the decisions for them, and they decide how big a role they want their attorneys to play.
Mediation uses a neutral third party—a certified family law mediator—to facilitate discussions. Mediation typically takes place in an informal, neutral setting, and both spouses are accompanied by their individual attorneys.
A divorce mediator does not decide the outcome—they help the couple to reach a compromise on the terms of their divorce, and the couple decides the timing and the details. Retaining this level of control can significantly alleviate the anxiety and stress that often comes with a litigated divorce, where control of the outcome rests in the hands of a judge.
Mediation helps you keep the majority of your discussions and negotiations out of court. In other words, mediation’s first benefit is protecting your privacy. As an extension of that, it shields children from the acrimonious fighting that often accompanies divorce in court. It also makes it easier for you to move on to a healthy co-parenting relationship.
Mediation is also faster than a court divorce, often only taking a single session or a few days to complete. That speed also delivers the greatest benefit: a reduction in the overall financial consequences of your divorce. Because you won’t have to spend many days in court, mediation can have a much lower overall price tag than a litigated divorce.
While an uncontested divorce can be an option for some, many couples still have outstanding issues that they need to address before they can file for this type of divorce. Concerns about child custody and asset division are common sticking points. For couples who want to divorce amicably but can’t agree on terms, mediation could be the right course of action.Â
If you find yourself wondering if mediation could be a solution for your family, it’s probably time to sit down with a Michigan divorce attorney and talk about your family’s situation.
At The Smith Law Offices, P.C., we understand your concerns about the costs – financial, emotional, and psychological – of resolving family law issues through litigation. We strive to provide affordable representation that protects your well-being and bottom line while asserting your legal rights.
One of the best ways to amicably resolve family law matters such as divorce, child custody, and child support is through divorce mediation. We are happy to note that we offer the services of Samantha Smith Dickinson, a certified family law mediator. She works with men and women at all stages of the mediation process, providing a stable and unbiased divorce mediator to facilitate the resolution of challenging family law issues.
Traditional divorce can get messy and be a long, drawn-out process. Those in Michigan who want to handle their family law issues differently can do so with a divorce mediator.
Divorce mediation is particularly useful in situations where the parties need to maintain a workable relationship for co-parenting, or when they lack the disposable income to resolve their issues in court.
We look forward to helping you find a solution that protects your legal, financial, and personal interests. Call our Westland office at 734-729-4465 or contact us online to take the first step towards a mediated solution.
