When the spouses in a Michigan divorce case cannot resolve issues themselves, the alternative dispute resolution process of divorce mediation sometimes enables the spouses to solve disagreements without court involvement. Divorce mediation may be used voluntarily, or it may be ordered by the court. At the Law Offices of Kevin R. Lynch, our divorce mediation attorney helps our clients consider and navigate mediation as part of the divorce proceedings. With our office located in Sterling Heights, we serve clients throughout Macomb County, Wayne County, and the surrounding areas.
As a Michigan family law attorney for more than 20 years, Kevin R. Lynch helps individuals and families with a comprehensive range of family law and divorce issues, including divorce mediation. Kevin provides guidance for clients deciding whether to use mediation, assists clients in complying with court-ordered mediation, and helps clients navigate the divorce mediation process.
As a divorce mediation attorney, Kevin works closely with clients who have questions about mediation and provides guidance and representation when a client participates in divorce mediation. He protects the client’s interests and helps them make the best decisions for their family’s future.
Kevin’s proven success in his law practice arises from his dedication to listening carefully to a client’s concerns, providing straightforward advice, taking a reasonable approach to resolving disputes, and working hard to implement the best solution for the client. Clients trust in his ability to protect their interests and goals at every stage of the divorce process.
Mediation is a form of alternative dispute resolution that may be used in Michigan to resolve issues in judicial proceedings without direct court involvement. It is often used in divorce cases, either voluntarily by the parties or by the court’s direction.
The divorce mediation process uses a neutral third-party divorce mediator to facilitate discussions between the parties, with the goal of helping the parties make mutually agreeable decisions on outstanding issues. A divorce mediator does not make decisions for the parties or give legal advice. The mediation, which is typically a series of meetings involving the divorce mediator and the parties, is a cooperative process designed to help the parties make joint decisions. Parties are not represented by lawyers in the divorce mediation process, but a party may be guided through the process by their own divorce mediation attorney.
Divorce mediation does not work in every situation, nor is it always the best option for resolving issues in a divorce case. But when it does work, it can save costs and time, as well as avoid the emotional stress and risks involved in having a court hear and decide critical life issues that impact the parties far into the future.
The State of Michigan has a specific, detailed Court Rule that governs mediation in domestic relations cases, including divorce. The Rule addresses every aspect of divorce mediation, both voluntary and court-ordered.
Individual sections of the Rule cover all aspects of divorce mediation, including qualifications and selection of divorce mediators, mediation procedures, divorce mediator fees, standards of conduct for divorce mediators, and confidentiality of mediation communications. When you get assistance from an experienced divorce mediation attorney, your attorney helps you understand the scope and requirements established by the Michigan Court Rule that apply to divorce mediation.
The divorce mediation process involves scheduled informal meetings between the divorce mediator and the parties. The mediation typically continues until the parties reach agreement or the divorce mediator determines that a settlement is not likely to be reached.
The mediation process is not combative. It is a cooperative process. Divorce mediation works best when both parties are committed to using the process to resolve outstanding issues, which may include:
If the parties reach agreement during the mediation process, the terms of the agreement are reduced to writing. The parties sign the mediation agreement, which is submitted to the court for inclusion in the final divorce decree. If the parties do not reach agreement on some issues, the case proceeds to trial, with the judge making the decisions on the outstanding issues.
Divorce mediation is not a substitute for legal advice or legal representation in a divorce case. A divorce mediator does not provide any legal advice to the parties during the mediation process. In fact, some divorce mediators are not attorneys. A party participating in divorce mediation benefits significantly by getting assistance from their own divorce mediation attorney, who can provide guidance and support during the mediation process.
A divorce mediation attorney helps you understand the mediation process, consider voluntary mediation, comply with court-ordered mediation, select a divorce mediator (unless the court appoints one), and guides you throughout the entire process. Your attorney does not participate in the mediation discussions, but you are free to consult with your attorney during the process to seek advice and guidance.
A divorce mediator cannot advise either participating party whether the decisions they make in mediation are in their best legal interests. Only a divorce mediation attorney for a party can provide that guidance during the mediation process. Having a divorce mediation attorney ensures that you receive trustworthy legal advice about the impact of decisions you make during mediation. If the mediation leads to an agreement, your attorney reviews the mediation agreement before you sign it and explains to you the full legal implications of all the terms in the agreement.
For more than two decades, family law attorney Kevin R. Lynch has helped clients navigate the Michigan divorce process. As a divorce mediation attorney, he has the right experience, skills, and knowledge to provide guidance you can trust and support you can count on throughout the divorce mediation process.
Located in Sterling Heights, the Law Offices of Kevin R. Lynch P.L.C. provides comprehensive and trustworthy legal services for divorce mediation and other family law matters in Macomb County, Wayne County, and the surrounding area. Your initial consultation is free of charge. Talk with us by calling 586-336-1088 or using our online contact form.
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