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oakland county divorce lawyerMost divorcing couples know that taking their divorce case to trial should be used as a last resort. In many cases, a trial takes away the freedom of decision for many couples, leaving that decision to be made by the judge presiding over the case. Michigan encourages couples to try to work things out amongst themselves before seeking help. If a couple is unable to cooperate to make decisions pertaining to the divorce, the judge will likely order the couple to attend mediation services before they can proceed to trial. Mediation can be a beneficial tool for many couples who experience adversity from one another, but there are also other ways you can proceed with divorce in Michigan, including arbitration.

Understanding Divorce Mediation

Unlike other states, Michigan does not require couples to attend mediation before they can take their case to trial. Either spouse can ask the judge to order mediation or the judge can independently order a couple to attend mediation to settle their differences. Mediation is a form of alternative dispute resolution (ADR) that may help couples come to an agreement about divorce terms. During mediation, the mediator conducts the session by helping couples stay on topic during conversation and by suggesting solutions when necessary. Mediators, however, cannot make any final decisions for the couple. Mediation itself is also not a legal process and is sometimes used in conjunction with litigation.

Arbitration is an Option

Arbitration is similar to litigation, as the process during litigation is typically very similar to a court hearing, though it does not usually take place in a courtroom. During arbitration, both spouses attend, ideally with their attorneys, and hash out issues through a process similar to that used in court. Each side will get the chance to present evidence, call witnesses and convey arguments in a less formal setting than in court. Arbitration provides less flexibility for couples when deciding issues, as the arbitrator will have the power to make decisions for the couple and those decisions will be legally binding.

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Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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