Frequently Asked Questions

In its simplest terms, it is a process to help divorcing spouses address and successfully resolve all issues pertinent to the marriage and divorce.  We provide you with a mediator who, acting as a neutral third party, will help address all of the questions concerning the custody and care of your children, the division of assets, support, and the many issues that must be resolved to finalize a divorce. Just as importantly, the aim is to create an agreement that both spouses are agreeable to. 

No.  Mental Health, Paralegal Professionals, and Legal Assistants are ideally suited to working as divorce mediators based upon their education and training and experience. 

 An uncontested divorce occurs when the couple has come to an agreement that there will be a divorce and has agreed on all related issues, including custody, spousal support, child support and the division of marital property.

Simply, an uncontested divorce means that the spouses have agreed to divorce, and there is an agreement in place. A divorce is contested if one person does not agree to the divorce, or the terms of separation are not agreed upon by one or both parties. 

Divorce mediation typically takes a fraction of the time that adversarial divorces demand. The timeline for mediation depends on how many decisions need to be made, and how much agreement or disagreement there is between divorcing spouses. The goal is to reach an uncontested, equitable and fair agreement. 

 Divorce mediation has a per-session rate, with a final Memorandum of Agreement document fee of $450. This is the document that is filed with the court to be included in finalization of divorce. 

The fees will be shared between divorcing spouses, under whatever terms the spouses agree. Cost is generally a function of time.  The fee will be commensurate with the time it takes for divorcing spouses to conclude an agreement, and with the level of complexity of that agreement. 

Yes. Memorandum of Understanding agreements are binding upon signature and filing with the court for approval within the divorce process. They are just as binding as documents produced by individual lawyers representing each spouse separately. 

 The main task of a mediator is to act as a neutral voice assisting a couple in coming to an agreement that both parties can agree to, one which is in the best interest to both of them. 

A divorce mediator provides information and a constructive environment to help the parties communicate, and understand their individual and common interests so that they can explore reasonable options and make practical decisions that benefit their family.

The role of a divorce attorney is to vigorously represent only one person’s interests and to work to obtain the best possible outcome for that individual alone. In the State of Michigan, it is not permitted for one lawyer to represent a set of divorcing spouses. Therefore, in many cases, an adversarial divorce requires that each party retain their own lawyer, and may then need to find a mediator, a neutral party, to facilitate the final agreements. One lawyer retained by either spouse cannot then also provide mediation to both parties. 

Divorce Mediation:

• Mediation provides a professional yet informal context where the parties can discuss and make decisions cooperatively with the help of a neutral third party
• Mediation preserves the parties ability to communicate so that they can continue to work together and be effective co-parents following divorce
• Mediation gives both parties an opportunity to be heard and express their perspective in a safe environment
• A mediator provides information from a neutral perspective
• Mediation affords parties the opportunity to maintain a sense of control over their decisions, with a focus on compromise for the benefit of both parties
• Studies show that there is a significantly higher rate of voluntary compliance with child support agreements reached privately in mediation
• A couple can usually conclude an agreement within several months. The costs are a fraction of a litigated divorce. Mediation does not require retainer fees. The only fees assessed are for time spent directly with the divorcing couple, and a fee to generate the Memorandum of Understanding

Divorce Litigation:

• Offers a formal, adversarial context that must follow legal process and protocol
• The adversarial nature of a litigated divorce can result in the breakdown of communication between parties, making it more difficult for them to successfully co-parent following divorce
• There is minimal opportunity to be heard by the other party or to account for personal considerations
• Uses the law strategically to make a case
• Judges make decisions for both parties when parties can’t agree or settle
• Studies show that there is a lower rate of voluntary compliance with child support agreements in a litigated divorce
• A litigated divorce often takes more time and costs more

Choosing a divorce mediator is an important decision.

Divorce mediators can very different from one another. They do not have to come from the same professions; Some are lawyers, some are mental health professionals, and some are neither. 

There are a number of things that you should consider when choosing a mediator:

• What is the professional background of the mediator in question that qualifies him or her? What is the quality of their education and previous experience? 
• What is the divorce mediator’s reputation in the community?
• How comfortable do you feel with the mediator? Do you feel that he or she is intelligent and knowledgeable, and conducts him or herself in a professional manner? Do you feel comfortable and secure in his or her presence? Does he or she strike you as a caring person? Does he or she instill confidence in you?

Unlike a judge, a mediator has no authority or power. A mediator does not have the power to make any decisions for your lives. That being the case, you are voluntarily participating in mediation and you can voluntarily discontinue mediation. 

The same is not true with an adversarial divorce proceeding. Once the process has started, the remainder of the experience is no longer in your hands.