Divorce Mediation in Michigan

Mediation is an alternate dispute resolution process where parties try to settle their case without going to trial.

Informal and formal mediation in Michigan

• Informal Meeting. Sometimes, parties will try to settle a case without formal mediation, by having an informal meeting with just the parties and their attorneys.  If this is not an option, then formal mediation is the next step.  Formal mediation is a process where a neutral attorney is appointed to hear both sides of the story and recommend a resolution.   Generally the Plaintiff’s attorney and the Defendant’s attorney agree upon who will be appointed to mediate the case.  If the attorneys cannot agree upon a mediator, then the judge will appoint one.
• Formal Mediation. Formal mediation can be costly.  The Plaintiff and Defendant pay the mediator hourly for his/her time.  In addition, the Plaintiff and the Defendant will be paying their own attorneys for their time to prepare for the mediation and attend the mediation.
  • Preparing for the mediation includes drafting a “mediation summary”.   Prior to attending mediation, each attorney submits a mediation summary to the mediator.  The mediation summary provides the mediator with an outline of the case and that party’s version on how the case should be settled.
  • The mediator will read each party’s mediation summary and then the mediator will meet with the parties and their attorneys.
  • The mediator will then attempt to encourage a resolution to the case.
  • If a resolution cannot be made, the mediator will make a recommendation.
  • If the parties do not agree to the recommendation then the matter is generally scheduled for binding arbitration or trial.

Formal divorce mediation in Michigan

• Facilitative Mediation
  • The mediator doesn’t have to be a lawyer, and could be a mental health professional.
  • The mediator facilitates a conversation with the parties in attempt for them to come to an agreement.
  • The mediator generally does not give their opinion on the case or what the court would do in their case.
  • The focus is on the parties understanding each other and coming to an agreement on their own.
  • Facilitative mediation is usually held with the mediator and the parties in the same room.
• Evaluative Mediation
  • The mediator is generally a lawyer who specializes in divorce.
  • The mediator will provide the lawyers and their clients with the strengths and weakness of their case.
  • The mediator may offer settlement suggestions based on what a judge would do a trial.
  • The focus of the mediation is on reaching a settlement.
  • The parities in an Evaluative Mediation are generally in separate rooms, and the mediator goes back and forth between the rooms.
• Transformative Mediation
  • The mediator is usually a mental health professionals.
  • The mediator does not offer settlement suggestions, but focuses more on making sure the parties are heard by each other.
  • The focus is on empowering the parties to recognize the other parties’ needs and points of view. and then making their own decisions.
  • In a Transformative Mediation the parties and the mediator are generally in the same room.

Most cases in the tri-county area are resolved with the Evaluative Mediation process.

Timing of mediation in the divorce process

• Some cases may begin with a facilitative type mediation even before a case is filed.
• In most cases, the parties attend an evaluative mediation after they have gathered all the information necessary to reach a final resolution in the matter.

Is mediation binding

• If the parties come to an agreement, the agreement is either recorded or written.
  • If it is recorded, the parties sign a document, confirming the recording is their agreement.
  • If it is written, the parties sing the writing, confirming the recording is their agreement.
• If the parties come to an agreement, and sign confirming it, it is binding.
• If the parties do not come to an agreement, it is not binding.

Let Us Help You

While we are committed to utilizing alternative dispute resolution methods, such as negotiation and mediation, if a reasonable settlement is not forthcoming, at our office you will be represented by a skilled trial lawyer, who has proven to be successful in fighting for client’s rights in a court of law. Contact us. We can help you.