Divorce Mediation
In the State of Michigan, divorcing couples are permitted to resolve disputes through divorce mediation. This option is a low-conflict, high-resolution process, much different than the traditional court process. Divorce mediation is not the right option for every divorcing couple, but at BBA Law we encourage appropriate clients to explore this method of dissolving their marriage to save time and cost and encourage a more amicable split.
Signs That Divorce Mediation Could Be Right for You
The most important factor in whether mediation is right for a divorcing couple is their level of amicability. If you cannot disagree respectfully, if you cannot speak without arguing, if your goal is to make your ex’s life difficult, mediation is not the right option.
There must be a willingness on both sides to have an amicable split, and there must be an agreeableness about custody, parenting time, and financial matters, especially since they are some of the most charged elements of a divorce.
If you fit into any of the following categories, Michigan divorce could be a viable way to dissolve your marriage:
- You have mutually agreed to divorce.
- You are prepared to work together in a friendly, honest way.
- You are willing to be fair and diplomatic about all matters.
- Both parties have complete understanding and knowledge of your financial circumstances.
- Neither party has lied about essential matters, such as infidelity, inheritance, addictions, etc.
How Mediation Works
A mediator does not make decisions for divorcing couples or tell them what to do. The job of a mediator is to be an impartial third party who helps people reach their own solutions about dissolving their marriage.
Even though couples in mediation have vowed to get along for the sake of their kids and each other, there will be times when conversations get heated, difficult, or come to a standstill, especially where children are concerned. The skills of a mediator are invaluable at these difficult moments.
Divorcing couples are often surprised by the feelings that arise. They may feel sadness, second thoughts, eagerness, excitement, or anger. The unexpected emotions are managed as smoothly as possible by an experienced mediator who works to maintain civility and keep decision-making on track.
Divorce Lawyers and Mediators Are Not the Same
It is important for every divorcing person to gather a solid team to help them reach resolution swiftly and as desired. This can include a financial expert, a therapist, a mediator, and a divorce attorney. Not every one of these experts is necessary, but there is one that is non-negotiable: the divorce lawyer.
- A mediator does not replace a divorce lawyer or their legal expertise.
- You need a divorce attorney if you are getting a divorce.
- A lawyer makes sure this legally binding contract is managed correctly.
- Mediators are unable to give legal advice, even if they are an attorney.
While a mediator often makes it possible to divorce more quickly and with less financial investment, there is a risk to using this process. Should mediation fail – and there is no guarantee it will work – it is necessary to start over and this time without mediation.
Talk to Your Michigan Divorce Lawyer About Mediation
Not every divorcing couple benefits from mediation. People who have difficulty speaking to each other or being in the same room together are unlikely to find value in the process. The traditional divorce process is designed to keep two parties separate and make decisions as unemotionally and efficiently as possible.
Talk to your Michigan divorce attorney about mediation and how it can work alongside their help and legal advice. This professional guidance is invaluable and will ensure your best interests and those of your children, now and in the future, are protected. If you are ready to file for divorce, contact BBA Law to schedule an initial consultation.
