There are several dispute resolutions that can be utilized during a divorce or family law case. A popular technique is mediation, where the couple or family meets with a neutral mediator to hammer out the details of their situation. During mediation sessions the couple and family make all decisions and the mediator is present to act as a guiding force, helping them navigate tough conversations and settle on a mutually satisfactory agreement. Though many U.S. states have begun requiring mandatory mediation sessions before a case can proceed to litigation, Michigan does not have those same laws. With that being said, many couples choose to work with a mediator regardless. If you are interested in mediation contact an Oakland County family lawyer to discuss your situation and determine what the best course of action is for you.

Is Mediation Mandatory in Michigan?

No, Michigan law does not require mandatory mediation for divorce or child custody cases. It is important to keep in mind that judges have the ability to order a couple to attend mediation at their discretion. Generally, mediation works best when it is voluntary and both parties are open to the process. While it is not required for every case, couples and families are welcome to try meeting with a mediator before going to court.

Should I Try Mediation?

Mediation has proven to be beneficial in many cases. Generally, there is no harm in attending one or two sessions to see if it is a good fit before heading to litigation. Some advantages of mediation over litigation include the following.

  • It is much more time-efficient than court. Litigation could take months of waiting for a court date and explaining each side. With mediation, you could resolve your issues in as little as one or two sessions.
  • It can also save you a great deal of money. With mediation, you can avoid court and attorney fees (though couples are welcome to hire representation).
  • Because the people involved are the only ones with decision-making power the outcome tends to be more fair and equal. When you allow a judge to make their ruling you are giving up some of your power.
  • Mediation has been shown to result in higher compliance rates. Because each party has a say in the decision-making, both spouses tend to comply with the terms. When a judge makes a ruling one or both parties may deem it unfair and refuse to comply with certain conditions.

Of course, there are cons to mediation as well. If the couple is not on good terms they may not be able to have a civilized conversation at all, let alone agree on topics like alimony or property division. Additionally, if mediation fails the couple may have to go to court anyway, meaning the time and money spent on mediation was wasted.

Talk to an experienced attorney about the details of your situation to get advice on whether mediation is worth trying for you and your family.