MEDIATION FREQUENTLY ASKED QUESTIONS

At the Law Offices of Harris & Literski, we offer mediation services for divorcing couples in Brighton who want to peacefully negotiate the terms of their own divorce. We serve as a neutral third party and do not take sides. Our goal is to provide a unbiased atmosphere, where you and your soon-to-be ex can work together on reaching a settlement.

Mediation offers many benefits to individuals and families going through divorce. They include:

Savings — Mediation is cost-effective and much less expensive than going to court.

Confidentiality — Mediation hearings are private and not a matter of public record.

Control — Mediation allows you and your spouse control over how your divorce is settled, rather than a court deciding for you.

Improved communication — Mediation often helps divorcing couples with children learn how to better communicate with each other, which can help avoid future conflict.

We drive clients toward reaching an agreement whenever possible because this is often the fastest and least stressful way to approach divorce. When it is not possible for the parties involved to come to an agreement, our lawyers are experienced litigators who are prepared to take your case to court.

While mediation may be court-ordered, mediation is an option best suited for couples who are wishing to resolve their divorce outside of court. Mediation helps minimize additional stress and arguments, as the mediator handles negotiations between the couples. Mediation is a great option for couples with children, as it makes the process less argumentative and can help children see parents respecting each other and working to reach the best possible solution, not just get everything they want.

If your divorce is acrimonious, with you and your spouse arguing over every aspect, mediation would not be the right choice. When realistically being able to reach a compromise with your spouse during divorce mediation is not going to happen, then litigating in court is a better avenue of resolution.

It is the mediator’s job to facilitate discussion, not to take sides. Our mediators give each spouse an equal amount of time to talk during sessions and encourage parties to clarify their positions by asking follow-up questions. Our mediators are attorneys, so they understand Michigan’s divorce laws and can answer questions about these laws throughout sessions.

During the initial session, the spouses identify issues that have been resolved and others that need to be addressed. In follow-up sessions, the mediator and parties work together to find acceptable solutions. Spouses often gather financial information and present it at sessions to discuss child support or property division issues. Using this information, our attorneys suggest legal remedies that may appeal to both sides.

Mediation sessions continue until parties reach an agreement, so both parties are somewhat in control of how long the process takes. If spouses are not able to reach an agreement during mediation, they litigate their dispute in court.

Once the judge approves your agreement, it is enforceable. If the other party refuses to follow the terms of the agreement, you can file a petition with the court to enforce it. There is a higher rate of compliance with mediated divorce agreements than other agreements because both parties have worked together to find mutually acceptable terms.

Our lawyers are licensed to practice in Michigan, so you can trust us to file your papers with the appropriate agency. We will review your documents before we submit them, ensuring that they are completed correctly.

In mediation, the mediator works with both sides to reach a mutually agreed-upon solution to the issues, with some give and take from each party. In a divorce arbitration, each side presents its case to the arbitrator just like it would during a trial, only arbitration is held out of court. The arbitrator acts in the same capacity as a judge, hearing arguments from both sides and making a legally binding ruling. There is no give and take in an arbitration. Both sides are bound by what the judge decide.