Michigan Divorce Mediation
Yes we can mediate your case!
In Michigan, Divorce mediation is the process by which a neutral third party tries to facilitate settlement outside of court. Mediation is a form of alternative dispute resolution where the mediator, an unaffiliated third party, assists in negotiating a settlement.
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Michigan divorce mediation explained
The majority of Michigan divorce cases settle. While many cases settle without the assistance of a third party, other require intervention. A mediator cannot make decisions for you but does make suggestions on what he/she thinks is fair based on experience. Mediation is typically much less expensive than going to court. While divorce mediation typically involves attorneys, the parties can agree to mediate a case without attorneys. Mediation is a form of Collaborative divorce.
If attorneys are involved, they will draft a document called a mediation summary before mediation. The mediation summary summarizes the facts of the case, the law and the requested relief. The mediator reviews the mediation summaries prior to mediation.
Mediation typically takes place in an office setting. Depending on the circumstances and the needs of the parties, the parties may meet the mediator together in one room or separate rooms. The mediator will listen to the request of the parties and make suggestions on how he/she thinks the case should settle.
If the parties are able to reach an agreement on some or all of the terms of the divorce, the mediator will make a record of the agreement, either by recording the settlement or preparing a signed agreement to be incorporated into the Judgment of Divorce.
If the parties are unable to reach an agreement, they may elect to return to mediation or proceed to trial.
Buyers remorse
It is important to understand that the division of assets and liabilities in mediation agreement is final and not modifiable. It is not uncommon for clients to enter into a mediated settlement only to regret it later. Therefore, careful thought and consideration should be exercised before entering into a mediation settlement agreement. There is no place for buyers remorse except in cases of fraud or misconduct.
Mediation services offered at Findling Law
I am a firm believer that the best divorce mediators are experienced divorce lawyers. Our experienced divorce and family law attorneys provide more than great representation, we can also serve as your Michigan divorce mediator. However, it is important to note that if we mediate your case, we cannot also serve as your lawyer.
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The Law – Michigan Divorce Mediation
Michigan divorce mediation law is governed by both case law, statute and court rule. There are no secrets. Visit these links to learn more on Michigan divorce mediation law.
Mediator standards of Conduct
Validity of a settlement agreement
Court’s are bound by property settlements reached
Domestic Relations Mediation Rules MCR 3.216(G)
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