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Choosing An Approach to Resolution
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Mediation
Mediation is the process in which couples (and attorneys, if any) meet in an informal and private setting to use a third party to resolve differences. The third party, or mediator, is a neutral person selected to facilitate communications and explore settlement.
Arbitration
An impartial person called an arbitrator acts like a judge, listening to both sides of the argument and making a final decision. This arbitrator can be a lawyer, a retired judge, or someone else with expertise in the area of your dispute. These are binding decisions that can only be changed in limited circumstances.
Trial
Trial
A trier of fact hears the case to make a determination that there has been a breakdown of the marital relationship and that the bonds of matrimony cannot be repaired. In Michigan, these trials are heard by the Judge. The Judge also will determine equitable division of the property and other issue that are before the court.
More About Mediation
Divorce mediation offers a constructive approach to reach a fair settlement, potentially saving you time, money, and emotional stress compared to traditional litigation.
What is Divorce Mediation?
Divorce mediation involves a neutral third party (mediator) facilitating communication and negotiation between spouses. The mediator guides discussions, explores solutions, and helps you reach a mutually agreeable outcome on various aspects of your divorce, including:
- Property Division: Reaching a fair division of assets and debts.
- Spousal Support (Alimony): Determining appropriate financial support, if applicable.
- Child Custody & Parenting Plans: Crafting a parenting plan that prioritizes your children's well-being.
Benefits of Early Mediation :
Michigan courts in Oakland, Wayne, Livingston, Genesee, and Washtenaw Counties often mandate mediation before trial. However, we recommend initiating mediation earlier in the process, especially in high-conflict cases or those involving child custody disputes. Here's why:
- Reduced Animosity: Early intervention can help prevent further conflict and emotional strain.
- Cost-Effectiveness: Mediation can save money by narrowing down disputed issues before litigation.
- Reaching Agreements: The mediator can guide productive discussions and help you find common ground.
- Streamlined Process: Resolving issues through mediation can expedite the overall divorce process.
Types of Divorce Mediation:
In Michigan, two primary mediation approaches are common:
- Shuttle Diplomacy Mediation: Parties meet in separate rooms, with the mediator facilitating communication by going back and forth.
- Facilitative Mediation: Parties meet together in the same room, with the mediator guiding discussions towards a resolution.
We recommend consulting an experienced attorney to determine the most suitable approach for your specific situation. Ashley Legal , PLLC has experience mediating matters at all levels in the divorce process.
