Mediation works. Parties reach settlement and compromise. Cases are settled and parties move forward with their lives.
Mediation
Mediation can happen before a case is filed or towards the end of a case. The decision of timing depends on the the issues involved and the parties’ positions when divorce is contemplated.
Nearly all Michigan family judges require cases to be mediated. A neutral mediator (typically an attorney who is familiar with the Court and judge) will be selected to assist the parties to negotiate and settle their case. This typically happens after the case is filed and before Trial. In most cases, the mediator meets with one party (and their attorney) separate from the other party. Sometimes, if appropriate, the mediator will meet with the parties and their attorneys to work through the issues together.
Joint Petition for Divorce
Michigan now allows “Joint Petitions for Divorce.” In this process the parties meet with MKS Law who acts as their mediator. We work together to settle custody, support, asset and debt division and draft the agreements in the Final Consent Judgment of Divorce.
The benefits of the process are:
Gentler. Not filed in versus form Plaintiff vs. Defendant but rather In the Matter of Party A and Party B. The parties are not in opposition, but rather in agreement.
Streamline. Meet with mediator to discuss all issues and prepare a final Consent Judgment, with corresponding support forms. Because everything is agreed upon BEFORE filing, there is only one court date.
Cost effective. Depending on the agreements; assets; and issues, the cost for this joint petition is much better than filing for divorce and working it out as the case is pending. There is no need to appear in court, or request adjournments (which can cost money) because nothing is scheduled with the court UNTIL the joint petition is filed.
Quicker. The courts WILL waive the six month waiting period (for cases with children) and the final hearing date is set just after the petition is filed with the court- just outside 60 days. A Divorce is granted to the parties and the family can move forward.
Arbitration
Parties may opt to arbitrate their divorce, rather than wait for a Trial before their assigned Judge. This means to put an experienced individual in the position of the judge to hear the evidence and make a decision/rulings on the issues in the divorce.
There are pros and cons to arbitration.
- Pro- The parties (through their attorneys) agree to the selection of the arbitrator.
- Con- The arbitrator bills for their time so there is additional expense.
- Pro- The process is often quicker as the firm dates for the arbitration are set with the parties, attorneys and arbitrator.
- Pro- The proceedings are private, rather than public as in a Trial.
