For some divorce cases where the parties are not diametrically opposed and the level of acrimony is manageable, mediation can be a means to an end that is faster, cheaper, more confidential, and finally more productive. It’s a reliable form of dispute resolution.
For cases managed under Michigan Court rules
Going into mediation, each party can have an attorney at their side to consult with. There are many ways that mediation can be conducted. The parties will likely have an opportunity to caucus with the mediator privately and to confidentially air concerns.
Both parties can expect the following abiding principles to guide the mediation:
- Self-determination: The mediator will guide both parties to voluntary, uncoerced decisions.
- Impartiality: The mediator will be steadfastly impartial, free of bias of any sort, and equally committed to both parties.
- Conflicts of interest: The mediator will rigorously avoid any conflict of interest that would cast doubt on his or her impartiality.
- Mediator competence: The mediator will be qualified by education, training, experience and proper comportment to conduct the mediation.
- Confidentiality: The mediator will maintain unimpeachable confidentiality and will include a statement explicating this obligation in the mediation agreement.
- Safety of mediation: The mediator will guard against any circumstance that might undermine achieving voluntary and uncoerced decisions.
- Quality of the process: The mediator will lead the mediation in a manner that upholds these standards and supports the effective participation of both parties.
- Advertising and solicitation: The mediator will represent himself or herself and the process truthfully and fairly and never guarantee outcomes.
- Fees and other charges: The mediator will provide his or her fees in writing early in the process.
- Advancement of the practice of mediation: The mediator should be an advocate for mediation, holding to the highest standards and making ongoing contributions to the field by teaching or engaging in research.
The judge is not presiding, but mediation is still a solemn endeavor guided by the courts’ rules and principles. Your attorney has a role to play but with a decidedly different emphasis. If you’d like to learn about mediation services provided by Giordano Law, PLC, please contact us and schedule a consultation.