Some couples want to do everything they can to minimize the difficulties of their Michigan divorce. They consider themselves amicable enough to go through the process while avoiding the need for excess court proceedings. In circumstances like this, mediation may be the answer. Or, in a typical divorce, arbitration might suit your needs.
What Is Mediation?
Divorce mediation involves a third party – the mediator – who helps negotiate the terms of the divorce. The goal is to ensure a fair outcome for both parties with the mediator acting as a referee or voice of reason. Facts to know:
- Mediators do not have legal authority to render a judgment.
- Mediators cannot provide legal advice.
- Mediation can help minimize the cost of a divorce.
- Mediation may make it possible to avoid a trial.
Is Mediation Right for You?
For divorcing couples who have mutually agreed to divorce, mediation can often be an excellent choice. If you fit into any of the following categories, mediation may be worth exploring:
- You have mutually agreed to divorce.
- You can work together and be diplomatic.
- You can disagree fairly.
- There are no lies between you about important matters.
- Both of you have a full understanding of your financial situation.
In mediation, you and your spouse are dismantling your marriage one piece at a time. Even though you feel hopeful about the progression of this process at the start, there may be times that you butt heads. A mediator is valuable when you lose focus and helps you get back on course where the big matters are concerned – particularly child custody and parenting time – without getting lost in irrelevant details.
What Is Arbitration?
Arbitration is not a process that is used from the start of a divorce like mediation but rather a process used when a stalemate occurs in typical divorce negotiations. Instead of going to court to settle matters like spousal support or property ownership, arbitration can be used instead in the interest of time and money.
An arbitrator works as a third-party judge, hears disputes in a divorce case, and renders a legally binding decision. Here are some other details to know:
- The process is private, unlike other family court proceedings which are made public.
- Couples and their respective divorce attorneys must agree on an arbitrator.
- A time, date, and place of arbitration is determined based on convenience for all parties.
- An arbitrator’s decision usually cannot be appealed.
- Both parties must abide by the ruling.
The goal with arbitration is to move through sticking points in a divorce more quickly than if you waited for the court to address your impasse. Anyone seeking arbitration wants a tidy resolution to the matter at hand so they can keep their Michigan divorce moving.
Which Method of Settling Your Divorce Should You Choose?
No matter which type of divorce settlement method you select, you still need a Michigan divorce attorney to guide you through the process and work as your advocate. Talk to a divorce lawyer at Femminineo Attorneys to learn more about mediation and arbitration and which form of breaking up is the best path to the end of your marriage.