What to Know About Mediation in Family Law

Just because you may be amid a family law dispute does not necessarily mean you are destined for a drawn-out battle in a courtroom. Mediation is a form of Alternative Dispute Resolution, or ADR. Mediation is an avenue parties can and typically should take to resolve a case without court intervention.

What Types of Cases Can Be Resolved in Mediation?

Mediation is used in various disputes, regardless of the type. In the family law arena, mediation can be used to resolve disputes surrounding a divorce or separate maintenance action (child custody, property division, spousal support, child support), unmarried parent child custody, parenting time, and child support, order enforcement or modification, and other family-law-related matters. Parties can participate in mediation before a case is ever filed with the court. However, once filed, the court often refers the parties to mediation. With some exceptions, mediation is typically required before a court will hold a final hearing on any disputed issues. Parties can object to the court’s referral to mediation by showing the existence of child abuse and/or neglect, domestic violence between the parties, a party's inability to negotiate, or that a party would be endangered, in either health or safety, by participating in mediation. MCR 3.216 also contains a clause permitting the court to waive mediation upon a showing of good cause for a reason not outlined above.

Who Will Attend Mediation?

Both parties and their attorneys, if any, will attend mediation. Typically, the only other individual permitted to be present during mediation is the trained mediator. The mediator is a trained, neutral third party whose job is to assist the parties in reaching an agreement as to all disputed issues. The parties can either agree on a mediator or the court clerk will assign someone to mediate their case.

What Happens During Mediation?

The mediator will work with the parties to resolve all pending disagreements. The goal of mediation is to resolve as many issues as possible. Mediation is a confidential process designed to facilitate open discussions between the parties in hopes that such conversations encourage settlement. The format of mediation can vary. Mediation can occur via Zoom or in person. Additionally, the parties and their respective attorneys can remain in the same room for the duration of the session, in separate rooms for the duration of the session, or alternate.

What Happens After Mediation?

Following the mediation session, the mediator will inform the court of the general outcome of mediation. The parties’ discussions that were not agreed upon, either in writing or in a video recording, may not be brought to the court’s attention. Any agreements can be brought before the court with a request to incorporate them into the final order or judgment.

How Much Does Mediation Cost?

The cost of mediation varies. Each mediator has a set hourly rate they will charge the parties for their services. Often, the parties will equally divide the cost of mediation. Other times, there may be reason to deviate from the general equal division. The parties can stipulate to an alternate division of fees, or one party may bring the request to the court. Although mediation can be a significant cost, it is far cheaper than preparing for and attending a contested trial in front of a judge or referee.

How Should I Prepare for Mediation?

Preparation for a mediation session should be taken seriously. Evaluating the strengths and weaknesses of your case can help you create a plan for how you will negotiate. Having relevant documents, just as you would at a contested hearing before a judge, can aid the mediator in better understanding your case and also presenting options for settlement. Going into mediation with a bottom line of what you will accept to settle an issue is important so you can remain firm while also negotiating with the other party in good faith.

Contact McKinney Vos Today

Retaining an attorney to represent and guide you through mediation can make a world of difference in how your case is resolved. While you are the expert on the facts of your case, a knowledgeable Michigan family law attorney can explain how your unique circumstances align with Michigan law and assist in reaching a settlement accordingly. Contact McKinney Vos today for a free consultation.