Mediation is informal dispute resolution in which a neutral third party, a trained mediator, helps you and your spouse reach an agreement. Mediation involves a process that acknowledges an individual's feelings of pain, anger, and fear and nonetheless allows a couple to make businesslike decisions that honor their deeply held values of honesty, fairness, and respect. The goal of mediation is a written settlement agreement. As we will see, mediation is a rational, cost effective, middle ground, and effective adversarial process.

Ultimately at least 96% of divorce cases in most states eventually settle. Mediation takes usually several sessions, which is an extremely short period of time in relation to litigation which often takes 8-12 months. A major advantage to mediation is that the parties have control over the pace of the mediation. They are allowed to meet as often as they wish, or take a lengthy break from the process to pursue a reconciliation or experiment with a new or unusual custodial arrangement.

Another positive side to mediation is the reduction in cost. Because the process is much quicker and the spouses are paying for one professional versus two to resolve the same issues, the savings are substantial. The cost of mediation is just a fraction of the cost of litigation. Years of time and energy are not lost as through the process of litigation.

Property Mediation allows for the parties of the divorce to communicate directly with each other. Even though each party consults their own attorney, communication is fostered amicably while keeping issues and priorities in perspective. In Michigan, attorneys are usually present for mediation. Your attorney is also a great resource between mediation sessions as to your legal rights or to review the agreement you have reached before finalizing it with the court. But the parties have important roles in this process. Each party is a direct participant in the process and each must be wiling to listen, disagree, and compromise throughout the process. When the parties cannot diffuse their animosity, the mediator is there to help sort through the problems to allow for a fair resolution. Each party must keep their emotions in check to keep the discussions on the future, not the past. Mediation will fail, if either party is unwilling to listen and negotiate, forgetting the idea of compromise.

Couples tend to be more satisfied with the emotional, relational, and procedural aspects of mediation rather that litigation. Agreements reached through mediation are more likely not to be breached or contested. Each party has invested in the result because they have devoted time and energy to producing the right agreement which acknowledged their feelings. The peace that one attains from resolving the conflict quickly, inexpensively, fairly, and is worth the effort Mediation is used for the value of a third party's unbiased input, rather than having someone who has no interest or care deciding how your future is to be determined.

Child custody is mediated by a Circuit Court Appointed Referee. The Referee assists in voluntary settling of child custody or parenting time disputes. If either party disagrees with the findings, they are still entitled to their day to be heard in court in front of the Referee or Family Court Judge.

This form of mediation also has advantages for the children who are involved in this divorce process. Children are spared much of the unnecessary anguish of the divorce. Mediation keeps the children from being embroiled in and the victims of a destructive litigation. Mediation helps provide a supportive, non-confrontational setting in which to resolve the conflicts that arise over financial, parenting and other issues. Mediation allows you to understand and gain control over the important decisions that will shape you and your children's future rather than giving that responsibility to the judge.

Mediation provides a safe environment with rules of communication that preserve the self-esteem of the participants. Communication between the mediator and the parties is privileged. The mediator has an important role to maintain a fair environment where decisions can occur. The mediator maintains a objective and neutral stand on all issues. Even though the mediator does not control the outcome, he/she is responsible for monitoring the fairness of the result. Mediators often recommend the parties seek the services of counselors, psychologists, and other professionals to analyze and assist.

Mediation is a family centered resolution process assisted by an impartial trained third party to assist the husband and wife in reaching an informed and consensual agreement both with property disputes and with custody issues.