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There are several different types or styles of mediation, some are more useful in certain situations while others are not, it really depends on the situation.  There are some mediators or mediation centers that focus more on allowing the two spouses to attempt to work out the issues by talking them through with the mediator in one meeting room.   However, more often in the Oakland, Macomb, Genesee and Livingston County areas of Michigan, the mediation will be conducted in a "shuttle diplomacy" style.  With shuttle diplomacy, the two spouses and their attorneys will sit in separate rooms while the mediator goes back and forth between the rooms trying to get the parties to reach an agreement.  If an agreement is reached, it will be recorded, the spouses will be sworn and and if they agree on the record, then the agreement will be considered binding.  Typically the mediator in this style of mediation will be more forceful or directive by telling the spouses whether the mediator believes the judge assigned to the case will be amenable to their arguments or dismissive. 

Approximately 94% of all divorce cases in Michigan are resolved without a trial, so whatever style of mediation you choose, mediation will in most cases be the best way to handle these issues.  It is more efficient, it allows the spouses more control over the decision making and often allows for a result that is better tailored to the needs of the spouses and their children, if applicable.  If you are facing a potential divorce or separation and would like to consult with a knowledgeable family law attorney, please click this link or call us at (248) 608-4123.

How Does Mediation Work In A Divorce Case in Michigan?

There are very generally two ways in which the mediation is handled.  The most common way is that one spouse will first file a complaint for divorce with the family court in the appropriate county.  Most counties in Michigan will then order that the spouses, or more likely, their attorneys pick a mediator and at least attempt mediation of all of the issues before the case will go to trial.  There will be some time before the mediation starts for the spouses to get all the necessary documentation or information that they need in order to determine how they believe the property and debt should be divided, whether there should be alimony and how the child custody, parenting time and child support should be determined.  Shortly before the first mediation date each side will submit a short summary of the factual background, the issues, the property to be divided and a statement about how they want these issues resolved (as well as child related matters if the parties have children together).  Then the spouses and attorneys meet up at the mediator's office and the mediator will go to work trying to negotiate a reasonable settlement.  Sometimes it may take more than one mediation session to resolve the issues.

Another potential route is to mediate the issues before filing the complaint for divorce, either with or without attorneys.  Typically in this case, there will still be some agreed upon exchange of documentation, summaries will be prepared and the spouses will meet with the mediator at their office to attempt to resolve the issues.  If the issues are resolved and agreements are reached, then a settlement agreement is prepared for the spouses and attorneys to sign.  Then the parties may file basically a joint petition for divorce and after the sixty-day waiting period has expired, they are allowed to incorporate the settlement agreement into the judgment of divorce and get divorced.  The biggest issue with this style of mediation is delay.  In any divorce case, one spouse may not want the divorce or may otherwise find it advantageous to delay actually getting divorced.  The divorce process is always slow, if one party is intent on delaying the process, attempting this type of mediation will only allow for more delay and prolong the agony of the divorce process.

If you have questions regarding your own situation, please do not hesitate to contact us to schedule a consultation, either by clicking on this link or by calling (248) 608-4123.