What is the Difference Between Mediation and Arbitration in a Michigan Divorce?

 Posted on May 07, 2021 in Divorce

Most divorcing couples know that taking their divorce case to trial should be used as a last resort. In many cases, a trial takes away the freedom of decision for many couples, leaving that decision to be made by the judge presiding over the case. Michigan encourages couples to try to work things out amongst themselves before seeking help. If a couple is unable to cooperate to make decisions pertaining to the divorce, the judge will likely order the couple to attend mediation services before they can proceed to trial. Mediation can be a beneficial tool for many couples who experience adversity from one another, but there are also other ways you can proceed with divorce in Michigan, including arbitration.

Understanding Divorce Mediation

Unlike other states, Michigan does not require couples to attend mediation before they can take their case to trial. Either spouse can ask the judge to order mediation or the judge can independently order a couple to attend mediation to settle their differences. Mediation is a form of alternative dispute resolution (ADR) that may help couples come to an agreement about divorce terms. During mediation, the mediator conducts the session by helping couples stay on topic during conversation and by suggesting solutions when necessary. Mediators, however, cannot make any final decisions for the couple. Mediation itself is also not a legal process and is sometimes used in conjunction with litigation.

Arbitration is an Option

Arbitration is similar to litigation, as the process during litigation is typically very similar to a court hearing, though it does not usually take place in a courtroom. During arbitration, both spouses attend, ideally with their attorneys, and hash out issues through a process similar to that used in court. Each side will get the chance to present evidence, call witnesses and convey arguments in a less formal setting than in court. Arbitration provides less flexibility for couples when deciding issues, as the arbitrator will have the power to make decisions for the couple and those decisions will be legally binding.

A Farmington Hills, MI Divorce Mediation Attorney is Here For You

No matter what type of divorce you choose, the process will likely feel stressful, but alternative dispute resolutions, like mediation and arbitration, can help keep the stress at a tolerable level. If you are planning to get a divorce, or you are currently going through a divorce and are unable to agree with your spouse on certain issues, you should speak with an Oakland County divorce lawyer. At Elkouri Heath, PLC, we aim to make your divorce process as simple as possible and can help you every step of the way. To schedule a free consultation, call our office at 248-344-9700.

Sources:

https://www.finra.org/arbitration-mediation/overview