The Benefits of Mediation in Divorce: Save Time, Money, and Reduce Conflict
Mediation vs. Litigation
During mediation, the goal is to reach a compromise. The emphasis is not on winning or losing.
The most effective way to resolve most issues in divorce proceedings is through mediation. In fact, most Michigan family courts order parties to attempt mediation before allowing the case to proceed to trial. During mediation, a mediator (a neutral third party who is well-versed in Michigan family law) facilitates a resolution to the outstanding issues in a divorce case.
While neither party in a divorce mediation will walk away happy — both typically walk away satisfied and relieved that the process is over, and they won’t have to incur thousands of dollars in legal fees going forward with trial.
There are enormous benefits to engaging in mediation versus litigation; however, mediation does require time and some expense for the mediator’s and each party’s attorney’s time and services. Most of the time, the mediator’s fee is shared equally by the parties. Despite these costs, investing in mediation is still a much better option than continued litigation.
By settling during mediation, parties are able to preserve an amical relationship, or at least not destroy it further. This is especially important when there are children involved. They also save time and money. Their settlement discussions are kept confidential during mediation. They are in control of the decision making and the end result of mediation rather than putting that decision-making authority in the hands of a judge.
Mediation Preserves Relationships and Reduces Conflict
When a divorce proceeding ends up in front of a judge, both parties will be required to provide testimony and evidence in court. Typically, when this occurs, parties tend to present testimony and evidence favoring themselves while disparaging the other party. This usually inhibits the ability of the parties to maintain an amicable relationship following the trial and, in fact, just fosters heightened animosity. In other words, testimony and evidence presented at trial, which is emotionally damaging, may have a negative effect on the parties’ co-parenting relationship and/or the parties’ ability to implement the terms of the judgment.
During mediation, the goal is to reach a compromise. The emphasis is not on winning or losing. Often parties are in different rooms which avoids the emotional damage of shared information.
Mediation is Cost Effective and Time Effective
Divorce cases are resolved either through mediation or at trial. Unfortunately, most trial dockets are overbooked and the wait to get a trial date is long. Mediation can typically be scheduled quickly, as long as the parties have exchanged the necessary documents and information. Mediation can oftentimes be scheduled months ahead of trial. Also, mediation can be scheduled when it’s convenient for the parties, whereas trial will be scheduled based on the court’s availability.
The cost to litigate a case to the point of trial, and the attorneys’ time to attend trial itself, is significant. If parties have limited assets, the attorney fees to attend trial could outweigh the available assets. The cost to litigate is generally limited to the mediator’s fee and the attorneys’ time invested in the preparation for and attendance at mediation. Mediation is almost always the less expensive option.
Mediation Gives the Parties Control Over Decision Making
If either party is intent on taking a case to trial, the judge will make the final decision regarding custody, parenting time, support and asset division. At trial, the parties relinquish all control over the decision making to the judge.
Conversely, at mediation, the parties are in control and can be creative and flexible regarding parenting time, schedules, and/or how assets are divided — as an example. Having an experienced mediator facilitate a resolution to a divorce case can result in a unique settlement agreement, which is tailored to the parties’ needs and distinct family dynamics. Additionally, the mediation process is much more informal, whereas trial in a courtroom is very formal with court rules, rules of evidence, and courtroom procedures. During mediation, the mediator is able to go back and forth with the parties to ensure that the parties’ positions are being understood correctly until a final settlement is reached. Ultimately, the parties decide their case in mediation — not a judge.
Mediation Provides Confidentiality and Privacy
When a divorce case goes to trial, the proceedings are open to the public and testimony is recorded by a court reporter. This means that third parties can attend the proceedings and listen to the entire trial, and the transcript of the proceedings will be kept so that even years down the road, someone could request a copy of it. Mediation, on the other hand, is private and confidential.
Mediation Provides More Finality
A settlement agreement reached at mediation generally provides more finality. Settlement agreements reached at mediation can be easily turned into a Consent Judgment of Divorce, which is the final order in a divorce case. Parties typically don’t try to appeal their own decisions; this provides more certainty and reduces stress. A judgment obtained after trial, however, can be appealed, which will delay a final decision by many months.
Finally, researching settlement options through mediation is always beneficial. It allows you and your attorney opportunities to explore the other party’s position and their willingness to negotiate. It also allows you and your attorney opportunities to assess your weak and strong points before going to trial.
If you attend mediation, you are in control of the final agreements reached. Based on the cost and time it will cost for you to attend trial, mediation may be well worth your investment of time and money. If you are ordered to attend mediation or you would like to explore mediation, you should prepare with an attorney to determine what your reasonable settlement options are. If you need help, email our experienced family law attorney, Anne L. Tuinstra, at tuinstra@bmbpc.com.