What Are the Pros and Cons of Mediation in a Michigan Divorce?

 Posted on March 13, 2020 in Divorce

With all the stress that already accompanies a divorce, the addition of painful, heated courtroom drama can feel overwhelming. Fortunately, mediation might be an appropriate option if you and your spouse are willing to work together to come to a more satisfactory settlement for both you and your children. Although the positive aspects of mediation are appealing at first, it is important to consider several factors before choosing to take this route over litigation. 

The Pros

First, consider everything good that can come from mediation. This process differs greatly from a court hearing in several ways as shown by the following scenarios:

• A Collaborative Solution: If you and your spouse were to take your divorce to court, the terms of your separation would be subject to harsh legal interpretations of your relationship. This can affect the division of property and assets, child support, or parenting time and often leads to one or both parties unhappy with the result. If this is one of your primary concerns, mediate so that you can cooperate and compromise in a way that benefits you both.
• Less Expensive: Mediation involves you, your spouse, and a mediator with the appropriate training from the state. Although this will still cost you, it will only be a fraction of what you would both end up paying in legal fees for your attorneys.
• Neutrality: Per state law, the mediator is not allowed to pass judgments on either you or your spouse and cannot take sides in any way, allowing both of you to work out a solution as amicably as possible. With lawyers at play, the heated discussions could ruin the chances of you and your spouse maintaining any sort of positive relationship after the divorce proceedings.

The Cons

Although mediation can do a lot of good, it can pose a few risks in certain situations. Consider the following before you decide to begin your divorce with mediation:

• An Uncooperative Spouse: If you already suspect that your spouse is not willing to make any compromises, you will only waste your time with mediation. In this case, it is best to avoid mediator fees and head straight for litigation.
• The Threat of an Unfair Compromise: With mediation, you may find yourself compromising for less than you feel you deserve because there are certain assets or custody terms that your spouse will not agree with you on. Depending on the circumstances, you may need a third party to pass judgment over a contentious situation. If divorce law favors your side, taking the issue to court can force your spouse to comply.

Contact a Farmington Hills Divorce Lawyer

A divorce can be complicated even if spouses are amicable. If you and your spouse are still undecided about whether or not to use a mediator in your Michigan divorce, it is important to seek professional legal advice. A trustworthy Oakland County divorce lawyer can help you decide whether mediation or litigation is in your best interest. The accomplished legal team at Elkouri Heath, PLC, will make sure your rights to marital property are protected throughout the proceedings. Call our office today at 248-244-9700 to schedule a free consultation.

Source:
http://www.legislature.mi.gov/documents/mcl/pdf/mcl-chap552.pdf