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November

Pros and Cons of Divorce Mediation 

By Iafrate & Salassa

graphic with middle light bulb lit with mediation text, consult with our Bloomfield Divorce Lawyers for help with your mediation for your divorce.

Michigan is one of many states that allows divorcing couples to avoid litigation by going through mediation to have their divorce finalized. Many couples choose mediation because it has so many benefits over lengthy courtroom battles. However, mediation is not suitable for everyone. If you or your spouse cannot compromise and are far apart on the terms of the divorce, mediation will likely not work. On the other hand, couples that are close to an agreement and just need help to resolve a few disputes may find mediation helpful. 

What is Mediation?

During mediation, each party meets with a mediator to try and settle the disputes involved in their case. Mediators do not provide legal advice but instead, try to facilitate compromise so the couple can come to an agreement. If the couple can reach an agreement during mediation, the mediator will draft an agreement and file it with the court. If the couple cannot agree, they will have to move to litigation and let a judge determine the terms of their divorce.

Benefits of Mediation

The main benefit of mediation, and the reason so many couples choose to enter into it, is that it is much cheaper than litigation. During litigation, each spouse will have to pay court costs and attorney fees, as well as other expenses related to the case. Although there is some cost associated with mediation, it is not as significant as litigation. 

Mediation also greatly shortens the divorce process. While litigation can take months, or sometimes even years, mediation can take just a couple of weeks. In some cases, mediation can take just one day. 

The proceedings for mediation are also much less stressful than litigation. This not only makes for an easier divorce but also a more amicable relationship between the two spouses post-divorce. This is due to the fact that there was no bitter court battle and is especially beneficial when children are involved. 

Lastly, going through mediation allows the couple to retain control over the terms of the divorce. When a divorce enters litigation, a judge will determine the final terms. 

Drawbacks of Mediation

There are more benefits to mediation than there are drawbacks. However, there are some cases that are not right for mediation. One of these involves when one spouse is hiding assets, as there is no discovery phase that can bring those assets to light. Another situation in which mediation will not work is when one spouse has great power over the other one, such as cases that involve domestic violence. 

Want to Learn More About Your Divorce Options? Call Our Michigan Divorce Attorneys

If you are considering a divorce, you should not go through it alone. At Iafrate & Salassa, PC, we are the Bloomfield divorce attorneys that will fully explain all your options to you and advise on which is best for your case. We will work as your advocate throughout the entire proceedings and make the entire process as easy as possible for you. Call us today or contact us online to schedule your free consultation. 

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7 thoughts on “Pros and Cons of Divorce Mediation ”

  1. It’s good that you point out that divorce mediation can help make the process less stressful. I want to get divorced soon, so I’m considering engaging the services of a divorce mediator. I’m going to look for a good provider of divorce mediation services in my area to hire.

  2. I find it interesting to learn that there’s a process where both parties from a divorce can meet into an agreement using a mediator. My uncle has been having problems with his wife for years now and they’re looking for ways to separate already. I should share this with them and ask them to hire a certified mediator to settle both of their issues.

  3. My cousin is thinking about getting divorced within the year because he is having a really hard time communicating with his wife and they don’t work well together. He would really like to try mediation with a professional to see if they can come to a more reasonable agreement before being forceful. I’ll be sure to tell him about how they will have a more amicable relationship because they will be under less stress and it can take less time than litigation.

  4. As you mentioned, in entering mediation, the couple will get to choose the final terms of the divorce, and the process is also much shorter. My neighbor has recently separated, and is now trying to figure out the next step. I will have to show her this article, and see if it helps give her direction.

  5. That’s helpful to know that mediation is cheaper than litigation. One of my friends is getting divorced, and it can be a little expensive. It also helps that mediation can make things a bit less stressful for both parties.

  6. It’s helpful that you point out that a mediated divorce is much less expensive than a litigated one. My wife and I decided recently to separate, so I’m considering hiring a divorce mediator. I’m going to search for a good provider divorce mediation services in the area that we can use.

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