Divorce is never easy, but for many couples, mediation can be a more efficient and less stressful alternative to going to court. If you have questions about divorce mediation, divorce in general, or other family law issues, our dedicated Troy, MI divorce mediation lawyer at Merel Family Law is here to help. We have been helping people with their legal issues since we opened in 2009 and since then have garnered 100s of five-star Google reviews. Reach out to us any time.
Below, we answer some of the most common questions people ask about the divorce mediation process so you can better understand if it’s the right option for you.
What Is Divorce Mediation?
Divorce mediation is a process where both spouses work with a neutral third party—a trained mediator—to reach agreements on the issues in their divorce. This can include topics like parenting time, child support, property division, and spousal support. The mediator helps guide the conversation and promote cooperation, but does not make decisions for the couple. The goal is to reach a mutual agreement outside of court.
Who Should Consider Mediation?
Mediation can be a good option for couples who are willing to communicate and compromise. It works best when both parties want to avoid a drawn-out court battle and are committed to working toward fair solutions. It’s also useful for those who want more control over the outcome of their divorce rather than leaving decisions to a judge. Mediation can work for both low-conflict and moderate-conflict situations, depending on the parties involved.
How Long Does Divorce Mediation Take?
The timeline for mediation depends on the issues involved and how well the parties communicate. Some couples are able to resolve everything in a few sessions, while others may take several weeks or months. Compared to litigation, however, mediation is generally faster and more flexible. Each session usually lasts one to two hours, and the number of sessions varies based on the needs of the couple.
Is Mediation Legally Binding?
Agreements reached in mediation are not automatically binding, but once both parties agree on the terms, their attorneys can draft a legal settlement to be filed with the court. Once the judge signs off, the agreement becomes part of the final divorce judgment and is legally enforceable.
Do We Still Need Lawyers If We Use A Mediator?
Yes, it’s usually a good idea for each party to have their own attorney during mediation. The mediator is neutral and cannot give legal advice. Your attorney can help you understand your rights, review the agreement, and make sure that the outcome protects your interests. In some cases, attorneys attend the sessions; in others, they review documents and advise their clients behind the scenes.
Many people wonder what the difference is between mediation and going to court for a divorce. Mediation tends to be more private, less expensive, and often quicker than a traditional court-based divorce. It also allows both spouses to have more input in the outcome, rather than leaving major decisions to a judge.
What If Mediation Doesn’t Work?
If mediation doesn’t result in an agreement, the couple can still proceed to court. In that case, each party’s attorney can continue to represent them in litigation. Even if mediation fails, it can help narrow down the issues and clarify what each party is willing to agree on, which can make the litigation process more focused.
Choosing The Right Path For You
The skilled and compassionate team at Merel Family Law understands how overwhelming and confusing divorce can be and we do not want you to feel like you are alone in this situation. If you would like to learn more about navigating divorce with confidence, or have questions about other family law matters, we are here to help. Reach out to us whenever you are ready.
