Kent County Family Law Attorney

Family Law Mediation

Mediation is a method of resolving disputes through negotiation with the assistance of a mediator trained in methods of assisting parties in resolving their differences.

Benefits of Mediation

• The skills brought to the negotiation by a neutral mediator substantially increases the likelihood of successful settlement compared to negotiating without a mediator.
• You retain control over whether the case is settled.  Neither the other party or the mediator can make you settle.  If you think it is not helping, you can stop the mediation.
• The process can increase communication between you and your opponent, which may increase the likelihood that you will be able to avoid other disputes in the future.
• If can proceed more quickly than litigation.  You can even start mediation before your case is filed.
• It is private and confidential.  It takes place in the mediator's office or conference room, not in open court.  The mediator does not report to the Court what was said in mediation.  The mediator can't be called as a witness in Court.
• It is generally less expensive than going to Court.
• If it is successful, you and your opponent are more likely to be satisfied with the outcome and more likely to comply with the agreement you have reached.

Disadvantages of Mediation

• It is not recommended in cases where there is spouse abuse.
• Although the essence of mediation is that it is a voluntary process, the Court can force you to at least try it.
• You have to pay the mediator.  If it is unsuccessful, you will be out the mediator fee and still have to proceed with litigation or arbitration.  Usually, the mediator's fee is split evenly between the parties.  You may be able to get free mediation through the Friend of the Court.
• The mediator does not act as your attorney, will not provide legal advice, and will not tell you what you should do.  Indeed, your mediator may not be a lawyer.  You should still consult an attorney in evaluating settlement proposals and developing negotiation strategies.
• You are still negotiating with your opponent and you must still convince your opponent to settle.
• Mediation can take a long time and can become expensive.  It will be less expensive if you do not have your attorney attend, but then you will not have the attorney there to give advice.
• Mediation will generally take less time than litigation, but more time than an arbitration.  But if it is taking too long and not working, your can stop the mediation.  Therefore, you will continue the mediation only if it is seen as a continuing benefit likely to result in settlement.
• Your opponent can also stop the mediation at any time, depriving you of the benefit you thought you would get from mediation.
• Although parties to mediation are usually more satisfied with the outcome, you or your opponent may also encounter buyer's remorse.  If your agreement has not been put in writing signed by both parties, or on the Court record, the case you thought you settled may have to continue.

Comparison of Negotiation vs. Mediation vs. Arbitration

Negotiation:  Negotiation requires the voluntary participation of both parties.  If your opponent will not negotiate, you must use a different dispute resolution process.  Direct negotiation with your opponent is not recommended in spouse abuse cases, but is commonly engaged in between attorneys in those cases.  Neither side can force settlement on the other; both sides can veto any proposed settlement.  The process is informal.  You can do it yourself, or involve attorneys.  The goal is to persuade your opponent.  It can be the least expensive method of resolving disputes, although it can also be very expensive if attorneys are involved and the negotiation is lengthy.  It can occur before the case starts, at any point in the case, or even after a trial has occurred.  It is usually an ongoing process until a complete settlement has been achieved.  Most cases are settled through negotiation, but successful resolution of your dispute is not guaranteed.  You might devote considerable time and money to negotiation without success.  Negotiation is usually the first thing you try to resolve disputes.

Mediation:  The parties can elect to use a mediator at any time; however, if settlement negotiations are unsuccessful, the Judge will require that you try mediation before you can proceed to a trial in most cases.  It is not recommended in spouse abuse cases.  The Court has a list of trained you can select from. No one can force you to settle in mediation.  Mediation is a type of negotiation.  You attempt to persuade your opponent to accept terms that are also acceptable to you.  The mediator helps keep the negotiation going and helps the parties explore alternatives.  However, the mediator does not decide anything, and you are not trying to persuade the mediator.  Either party can terminate the mediation process if they think it is not working.  You might settle right away, or you may not settle after many days of mediation.  The mediator does not make any recommendations to the Judge.  If mediation settles the case, it is because both parties have agreed to the terms.  If both parties agree to the terms, then they are more likely to be satisfied and more likely to honor and follow the terms of the agreement.  Mediation can be unsuccessful, in which event you will be out the mediator's fee without a resolution of the dispute to show for it.  If direct negotiation is ineffective but you still think the case can be settled, you will generally go with mediation.

Arbitration:  Arbitration can only proceed if the parties agree to it.  The Court will not order arbitration over the objection of a party.  The decision to arbitrate is therefore something the parties agree upon through negotiation.  The parties may agree to arbitrate because it is less expensive than hiring attorneys to go to Court, or, if they have attorneys, because it is less expensive than paying their attorneys to go to trial.  Arbitration is not recommended in abuse cases, though it is more likely to be used than mediation if the parties have attorney representation.  The flexibility in procedures can allow parties represented by attorneys not to show up at the arbitration, to come into the arbitrator's office on different days to testify, or to testify by telephone.  Your arbitrator must be an attorney with at least 5 years experience, demonstrated expertise in family law, and training in domestic violence.  Although the decision to arbitrate is voluntary, you give up the right to veto settlement proposals, and agree to let the arbitrator resolve the dispute.  You attempt to persuade the arbitrator to accept your proposal instead of trying to persuade your opponent in negotiation or mediation.  You and your attorney are advocating a particular result, not negotiating for a result.  Once you agree to arbitrate, you cannot back out of the process, unless both you and the other party agree to terminate the arbitration.  Like mediation, arbitration is an informal process which occurs in private.  At the end of arbitration, the arbitrator will make a decision, usually in writing, possibly in the form of a proposed Court order.  Except for a very limited right of review by a Judge, arbitration will settle the case and you will not need to proceed to trial.  Arbitration will successfully resolve the dispute, but since the parties have not agreed to the particular result, either party may be unhappy and may be less likely than with negotiation or mediation to honor the decision.  If you don't think there is much chance of settling your dispute but do not want the delay, hassle and expense of trial, you will generally choose arbitration.

Home   Planning for Divorce   Domestic Violence  Divorce Procedures   Defending Divorce   Custody and Parenting Time   Child Support   Alimony   Property Division   Going to Court   Negotiation   Arbitration   Annulment   Separate Maintenance   Paternity   Attorney Fees    Forms   About Michael Idema

Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200 

This is the Mediation page

Home

Divorce Basics

• Planning for Divorce
• Domestic Violence
• Divorce Procedures
• Defending Divorce
• Custody and Parenting Time
• Child Support
• Alimony
• Property Division
• Going to Court

ettling Disputes

• Negotiation
• Mediation
• Arbitration

Annulment

Separate Maintenance

Paternity

Attorney Fees

Forms

About Michael Idema

©Michael Idema 2006 - 2008

This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer.  For advice about what to do in your specific case please call for a free initial consultation.