Divorce Mediation Attorney in Birmingham, MI
As a divorce mediation attorney in Birmingham, Michigan, Logan Mackensen helps her clients navigate the mediation process with compassion and dedication. Certified as both a General Civil and Domestic Relations mediator, Logan serves Oakland, Macomb, Wayne, Washtenaw, Ingham, Genesee and other counties throughout Michigan with her deep knowledge and expertise in Michigan family law. Whether you are weighing your options or have decided that mediation is right for you and your family, Logan will partner with you to reach a fair and amicable outcome.
Schedule a free consultation with Mackensen Law to get started.
What is Divorce Mediation?
Divorce mediation is a common step in a traditional divorce but can also be utilized as an alternative in which a neutral, unbiased mediator works with both parties to negotiate and resolve common divorce issues such as child custody, child support, alimony and the division of marital assets and property. Mediation can help couples avoid litigation, working openly and collaboratively to reach a mutually agreed upon resolution that fits their unique circumstances.
Understanding Your Options
Mediation is one of several options you have when it comes to the divorce process. Before choosing which divorce route best suits your individual situation, learn about the differences between each type and when each is recommended.
Divorce Mediation vs. Arbitration
While mediation and arbitration are both alternative dispute resolution methods, that’s where their similarities end.
In mediation, a neutral mediator facilitates open communication between two parties to reach a mutual agreement. Mediators assist and guide individuals towards an outcome but do not directly make decisions. The mediation process is collaborative, less formal and the outcome is decided by the parties involved.
In arbitration, each party presents arguments and evidence before the arbitrator, who after taking all the arguments and evidence into account, makes a legally binding decision on each of the disputed issues. The arbitration process is more formal, closely resembling a court proceeding and the outcome is in the hands of the arbitrator.
Mediation offers couples more flexibility and gives them direct control over outcomes that impact their lives, making it a helpful option in both undisputed as well as contentious divorces.
Divorce Mediation vs. Collaborative Divorce
Mediation and collaborative divorce both center around cooperation towards a resolution that prioritizes the family’s well-being. Where they differ is in their approach.
In mediation, there is a single neutral mediator that helps two parties to negotiate and arrive at an amicable resolution – one that they both can live with. Attorneys for each party can be present, but the mediator facilitates the process. Benefits of mediation include lower costs, less time investment and greater control over the outcome by the parties themselves.
In collaborative divorce, each party is represented by an attorney with special training in this area. Both parties commit to resolving disputes without going to court; however, the attorneys advocate for the unique and often competing interests of each party. The attorneys facilitate the process and frequently bring in experts known as third-party neutrals, such as therapists and finance professionals. Benefits of collaborative divorce include having an advocate for your separate interests and greater professional support.
As there are pros and cons to each approach, the right decision comes down to what makes the most sense for the individuals and families involved.
Divorce Mediation in Michigan
Michigan family law recognizes mediation as a valuable tool to help couples reach an amicable divorce settlement. As a no-fault divorce state, Michigan allows couples to dissolve their marriage without proving wrongdoing – a circumstance that aligns perfectly with the cooperation required to engage in mediation.
In some cases, Michigan family courts may require mediation to encourage a settlement and avoid litigation or to resolve at least some of the issues in the matter without trial. To ensure legal compliance and facilitate a smooth process, it’s important to work with a mediator who is well-versed in Michigan family law and understands state-specific regulations and requirements.
The divorce mediation process in Michigan typically follows these steps:
Initiation: Both parties agree to participate in mediation, which can be either voluntary or court ordered.
Choosing a Mediator: The parties involved find and agree upon a mediator – ideally one with extensive expertise in Michigan family law – to facilitate the process.
Mediation Sessions: Both parties attend a session or multiple sessions in which the mediator helps to identify issues, facilitate discussion and negotiate agreements.
Agreement Drafting: Once an agreement is reached across all issues, the mediator drafts a legal document outlining the agreement terms.
Legal Review: Each party reviews the agreement with their attorney to ensure it aligns with their interests and the interests of their family.
Court Approval: The final agreement is submitted to the court for approval and incorporated into the divorce decree.
Mediation Frequently Asked Questions
When is divorce mediation recommended?
Mediation is recommended when the parties involved are willing to communicate openly and work collaboratively towards a resolution. It can be particularly beneficial for couples seeking to maintain an amicable relationship post-divorce, especially when children are involved. Mediation is not recommended for couples in contentious divorce situations who are unable to or feel unsafe communicating or dealing directly with the other party.
How much does divorce mediation cost?
The cost of divorce mediation varies depending on a variety of factors. The complexity of the issues under mediation and the number of sessions required are some of the considerations that can impact how much it costs. While the cost can vary, mediation is typically less costly than traditional divorce or other alternatives.
How long does divorce mediation take?
How long divorce mediation lasts depends on how complex the issues being negotiated are and how willing both parties are to come to an agreement. Some cases may be resolved in a session or two, while others may take months.
How long after mediation is a divorce final?
Once an agreement is reached and has been submitted to the courts for approval, the divorce is typically finalized by the courts within weeks to a few months. The time it takes for the courts to finalize the divorce depends on the court’s schedule and any mandatory waiting periods.
How can I prepare for divorce mediation?
As you approach the start of mediation, you may be eager to prepare in whatever ways you can. Here are some steps you can take to plan for and ready yourself for the mediation process:
Establish Your Priorities: Outline your goals for the mediation process and what matters most to you when it comes to a divorce settlement.
Emotionally Prepare Yourself: Be prepared to work with your spouse, discuss issues openly and respectfully and listen to other perspectives.
Gather Financial Documents: Gather personal and family financial information including income statements, bank accounts, assets, and debts.
Consult an Attorney: Seek legal advice to understand your rights and ensure your best interests are considered.
If you have other questions about mediation services in Michigan, contact Mackensen Law to have your questions answered or schedule a free consultation.