At Boroja, Bernier & Associates, we understand that divorce is one of the most stressful experiences anyone can face. Couples often picture a heated courtroom battle, but the reality is that many divorces can be resolved more efficiently and with less emotional strain through mediation. Mediation is not the right fit for every situation, but in many Michigan divorces, it offers significant benefits compared to litigation. Knowing when mediation may be the better path can save time, money, and preserve family relationships during a difficult transition.

In Michigan, divorce law allows spouses to resolve disputes through voluntary mediation under Michigan Court Rule 3.216, which authorizes courts to refer cases to mediation or allow couples to use private mediators. Mediation is a structured process where a neutral third party helps spouses discuss and negotiate issues like property division, spousal support, child custody, and parenting time without a judge making the final decision. The goal is to reach a mutual agreement that can be submitted to the court for approval.

Understanding Divorce Mediation In Michigan

Mediation allows spouses to maintain control over their divorce terms rather than leaving critical decisions in the hands of a judge. A trained mediator facilitates communication, ensures both parties have the opportunity to be heard, and guides discussions toward solutions that work for the entire family. Unlike court proceedings, mediation sessions are private and designed to reduce conflict rather than escalate it.

Under Michigan Compiled Laws (MCL) 552.507, family courts can recommend alternative dispute resolution methods, including mediation, especially when children are involved. The court recognizes that when parents work together to create parenting plans, children benefit from less conflict and more stable arrangements.

When Mediation Is A Better Option

Mediation may be the preferred choice in Michigan divorces when:

• Both spouses are willing to participate in good faith and communicate openly.
• There is no history of domestic violence, coercion, or fear that would prevent a spouse from negotiating freely.
• The spouses want to maintain control over financial decisions and child-related arrangements.
• Preserving a working relationship as co-parents is important for the children’s well-being.
• The couple seeks a faster, less expensive process compared to traditional litigation.

Mediation can also be beneficial when complex assets are involved, as it allows both parties to work through details with the guidance of professionals such as financial advisors or attorneys without the public nature of a courtroom battle.

Legal Considerations In Mediation

Even though mediation is voluntary and informal, any agreement reached must comply with Michigan divorce laws. Issues like child support must follow Michigan Child Support Guidelines under MCL 552.605. Property division must be equitable, as required under MCL 552.19, which gives courts authority to divide marital property fairly based on factors like the length of the marriage, contributions of each spouse, and earning capacity.

Mediated agreements are not legally binding until they are put into writing, signed by both parties, and approved by the court. We strongly encourage clients to have any mediated settlement reviewed by their attorney to ensure it fully protects their rights and meets all statutory requirements before submission to the court.

Benefits Of Mediation Over Litigation

Mediation offers several advantages:

• Privacy – Mediation sessions are confidential, unlike public court hearings.
• Cost Savings – Mediation is typically less expensive than prolonged litigation.
• Faster Resolution – Couples set their own timeline instead of waiting for court dates.
• Less Stress – The process encourages cooperation and problem-solving.
• Greater Control – Spouses craft agreements tailored to their needs and their children’s best interests.

When both parties are committed to resolving their divorce respectfully, mediation can provide a path forward that minimizes conflict and sets the stage for healthier post-divorce relationships.

Frequently Asked Questions About Divorce Mediation In Michigan

Is Mediation Required For Divorce In Michigan? 

While mediation is not always mandatory, Michigan courts can order couples to attempt mediation before proceeding to trial under Michigan Court Rule 3.216. Many judges encourage mediation because it often leads to quicker, less adversarial resolutions.

What Happens If We Cannot Agree During Mediation? 

If mediation does not result in a full agreement, unresolved issues may proceed to litigation. Any agreements reached during mediation can still be submitted to the court, reducing the number of contested matters.

Can Mediation Work If We Have High Conflict? 

Mediation can work even in high-conflict situations if both spouses are willing to communicate and compromise. The mediator is trained to manage conflict and keep discussions focused on solutions. However, if one party refuses to negotiate or there is intimidation or abuse, litigation may be safer.

Do I Still Need A Lawyer During Mediation? 

Yes. While mediators are neutral and cannot give legal advice, having your own attorney ensures that your rights and interests are protected throughout the process. We help clients prepare for mediation and review proposed agreements before they are finalized.

Is A Mediated Agreement Legally Binding? 

Not immediately. Agreements reached in mediation only become legally binding once they are drafted into a formal document, signed by both parties, and approved by the court as part of the final divorce judgment.

Can Mediation Address Child Custody And Support Issues? 

Yes. Mediation often works well for custody and parenting time arrangements. However, child support must comply with Michigan Child Support Guidelines under MCL 552.605, and the court will review all child-related agreements to ensure they meet the best interests of the child under MCL 722.23.

How Long Does Mediation Usually Take? 

The timeline varies depending on the complexity of issues and willingness to cooperate. Some couples resolve matters in a few sessions, while others may take several months. Mediation is still typically faster than a contested trial.

Can Mediation Help With Dividing Complex Assets? 

Yes. Mediation provides flexibility to discuss unique financial arrangements, including business interests, retirement accounts, and real estate. Professional appraisers or accountants can join the process to help both spouses make informed decisions.

Call Boroja, Bernier & Associates For Guidance On Divorce Mediation In Michigan

At Boroja, Bernier & Associates, we know that every divorce is different. Mediation can be an effective, less stressful way to resolve disputes while keeping control in your hands. Our attorneys serve clients throughout Troy, Shelby Township, Oakland County, and Macomb County, providing knowledgeable legal guidance throughout the mediation process.

Contact the Michigan divorce mediation attorneys at Boroja, Bernier & Associates, to receive a free consultation when you call 586-991-7611. We are here to help you understand your options and make informed decisions about your future.