More and more couples are choosing to resolve the issues that arise in their separation or divorce in a setting outside of the courtroom through mediation or other forms of alternative dispute resolution, such as arbitration. These options can be cost effective and help facilitate a lasting peace with the ex-spouse.
At the Bloomfield Hills firm of Paul J. Tafelski, P.C., we believe mediation is an excellent option. We believe strongly in finding solutions for our clients that take care of their present needs and set them on the right path for their future. Contact us online today for a confidential initial consultation or call our office at (248) 451-2200.
Our mediation lawyers have assisted clients throughout the state of Michigan in mediating their family law disputes, including clients from Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.
We know how to prepare for mediation and how to effectively negotiate with the other side.
We also recognize that not every case can be resolved through mediation. Sometimes, you have to go to court to ensure that your rights and interests are protected. If mediation fails, we will always be prepared to aggressively represent our clients.
How mediation works
Mediation involves a neutral third-party who works with each party to reach an agreement on matters such as asset division, spousal support, child custody and child support. The mediator’s goal is simply to resolve the case. Both parties have their attorney present to protect their interest and the mediator tries to find common areas of agreement to build upon until a settlement is reached.
The mediator usually is a lawyer or a retired judge. However, other professionals can play a role in the process, such as accountants, financial planners, psychologists or social workers.
The goal is to reach an agreement that both sides can accept as fair and reasonable.
In general, separation and divorce issues can be resolved quicker through mediation than litigation, and it can save clients money, ensure privacy and remove the adversarial nature that’s found in many family law disputes.
If the mediation results in an agreement, the parties must have it approved by a court in order to make it binding. Mediation is voluntary and does not resolve every case. When an agreement is reached it is turned into a judgment and entered by the court which makes the agreement binding.
Afterwards, actions might need to be taken to enforce the terms of the agreement or to modify certain terms due to a change in circumstances.
How arbitration works
Although binding arbitration is usually used to resolve business disputes out of court, it can also be used as a form of alternative dispute resolution in divorce cases.
The parties can choose the arbitrator or panel of arbitrators who will decide the issues, set their own schedule and establish rules for matters such as requests for documents or depositions
Unlike mediation, the parties must abide by the arbitrator’s decision, which can be enforced by a court order. Arbitration does not require the parties to agree on anything. The arbitrator basically sits as judge and decides the case and all its issues aside from custody.
However, very much like mediation, the result can be an outcome that is reached in a quicker, more cost-effective and confidential manner than litigation.
Contact Us Today
If you wish to discuss your family law problems with us and learn more about how mediation could play a role in finding a solution, contact our family law attorneys online today for an consultation or call our office at (248) 451-2200. We have helped clients in Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.