Mediate Michigan

An excellent and comprehensive article written by E sther Schonfeld and Deeana Kessler on alternatives to litigation in divorce can be found here.

The article discusses both mediation and collaborative divorce and notes:

“Litigation is by definition adversarial—the system is riddled with power plays, dependence on authority, and a competitive desire to defeat the opponent at any cost.”

“Unfortunately, lawyers often fuel this fire by supporting a party’s refusal to compromise and encouraging unrealistic expectations, thereby prolonging a divorce and its accompanying disharmony. Divorce proceedings are defined by confrontation and unhappy consequences and, most regrettably, the creation of a setting that is certainly at odds with the best interests of the children.”

“Because the vast majority of divorce cases are settled prior to trial, it is logical to encourage divorcing spouses to turn to litigation alternatives at the outset, saving much aggravation, time, and money. The ultimate goal of any form of alternative dispute resolution is to reach a global settlement, one that results in a full settlement agreement between the parties, taking into account all issues—finances, the division of property, support, custody, and visitation.”

“Mediation is generally the quickest, least confrontational, and most cost effective alternative to traditional divorce litigation.”

“The use of alternative dispute resolution as a means of settling divorce actions represents the wave of the future and is something that should be given serious consideration by any couple thinking of entering the divorce arena.”