Mediation and collaborative divorce have become popular ways for Michigan residents to resolve their family law cases.
To review, in a divorce mediation, the couple will discuss their unresolved issues with a trained professional called a mediator. Usually, the mediator is an attorney with family law experience, although sometimes trained mediators are not attorneys.
The process is confidential. What gets discussed at a mediation may not later be used against a person in court. The process is also voluntary. So long as they make a good faith effort to resolve their disputes, either side can walk away from the mediated negotiations at any time.
Of course, if an agreement gets signed and approved, then courts will enforce that agreement.
There are several advantages to mediation:
- There is always some risk to taking one’s case before a judge. The judge may not see the case in the same way as a spouse does and issue an unfavorable ruling.
- Mediation can happen well into a case, but many choose to do it earlier rather than later since it usually saves time and money.
- Divorce hearings are usually public affairs that often involve airing of dirty laundry. On the other hand, mediation is private. A court may approve and file the couple’s agreement, but there will be no record of the discussion.
- Mediation can often set a tone of cooperation and compromise that is good for both the couple and their loved ones, especially their minor children.
There are some disadvantages as well, although no one should rule out mediation. The process can be both safe and successful even in difficult circumstances:
- The couple has a difficult time reaching compromises with each other and may be even in the cycle of deliberately disagreeing with the other side. In this case, mediation may well be a waste of time.
- Even if both sides can disagree civilly, they may be so far apart on an issue that is difficult to compromise. For example, if both parents want primary custody, coming up with a solution can be hard.
- Factors like domestic violence, drug use, or simply lack of trust can impact a mediation.
Keep an open mind about mediation
Mediation is not right for every divorce case, but in many situations, it is a great option. A Grand Rapids resident going through a divorce should make sure they fully evaluate mediation along with their other alternatives. Contact us to learn more about the Alternative Dispute Resolution processes available to divorcing parties and how we can help.