How Can Mediation Affect a Divorce Case in Michigan?

When most people think of the process of divorce, they picture hostile legal disputes involving property division and child custody. But not every divorce is adversarial.

Divorce is a very common process that involves the renegotiation of family structures. While divorces are usually emotionally difficult, they do not need to involve bitter or vindictive clashes.

Many couples do not realize that there is a wide range of options when it comes to handling a divorce. One of these options is mediation.

In the following article, we will examine the ways in which mediation can affect a Michigan divorce.

Benefits of Mediation

The term “mediation” refers to certain methods of resolving disputes. The most common type of mediation in a Michigan divorce case is known as “facilitative” mediation.

Facilitative mediation employs a neutral third party to help the disputing parties conduct a productive negotiation. This makes it more likely that the spouses will come to an agreement in an amicable way.

Most of the time, divorce mediators are former attorneys that are well-versed in family law. Whether they are an attorney or not, all mediators must meet certain training requirements.

In addition to the mediator, each spouse’s attorney may be present at the mediation session. However, this is not a legal requirement.

Holding a mediation without attorneys will save each party money. However, this may also leave them open to inadvisable agreements.

It is important to fully understand the legal ramifications of any mediation agreement. The disputing parties should also ensure that they have all of the details and information before they sign an agreement.

Because of these potential complications, having legal counsel present during mediation can be advantageous.

Other benefits of divorce mediation include:

• Spouses have control over the details of the divorce agreement
• Mediation is private, unlike litigation
• A settlement saves each party money by avoiding drawn-out legal proceedings
• Mediation saves time, as it is not dependent on court schedules
• Mediation cultivates an atmosphere of cooperation between ex-spouses

A divorce mediator can help separating couples to find common ground. Because of this, mediation can result in an agreement that is advantageous for both sides.

Mediation Myths

Many people mistakenly believe that attorneys are prohibited from attending mediation. This is false.

When they are going through a divorce, parties have the right to consult with their attorney before making any type of decision. Each person will decide for themselves whether their divorce lawyer should attend the mediation.

Sometimes, people believe that every issue must be resolved through mediation. This is also false. The process of mediation can be used selectively.

Couples can designate which issues they will address through mediation. Other divorce-related issues can still be resolved through litigation, if necessary.

For instance, a couple might choose to mediate the issue of child custody and parenting time. At the same time, they may prefer to divide their assets through the courts.

Contact an Accomplished Family Law Attorney

Every divorce is difficult. No matter what approach you decide to use, having a legal representative is important. Make sure to contact a qualified family law attorney to represent your best interests throughout the divorce process.