Mediate Michigan

A great article on the benefits of divorce mediation by Christi McMurdie an Attorney and Mediator in Tempe, AZ can be found here.

The article notes 10 Benefits available in Mediation over Litigation:

Control—Mediation belongs to the parties. The disputing parties control the process, scheduling, costs, and outcome of the dispute. See the example described below.

Less Adversarial—The mediation process is informal. It is less confrontational than arbitration or litigation because each of them is encouraged to present their position and experience and emotional issues are allowed to be expressed in mediation.
 
This enables the parties to look for other remedies but what are traditionally prescribed in a court setting.

Preserves Options—Parties can enter into mediation without jeopardizing their option to arbitrate or litigate.

If the parties need to take a remaining issue or two to trial because they simply cannot resolve it, they have minimized the litigation and preparation time by reaching agreements on the other issues.

As an attorney-mediator, I often have to remind the parties that if they need a lawyer, I am disallowed because I have already acted as a mediator for BOTH parties and there would be a conflict of interest.

Swift Settlement— Mediation. Mediation can be designed to support the comfort levels of the clients.
 
Two hours per session is recommended for divorce mediation because emotions run high and this allows the parties to have time to consider issues and agreements between sessions.

After the initial petition is filed, the parties cannot file their final decree for two months so the sessions are usually conducted during this required period.

In business mediation, most disputes can be heard and resolved in one day.

Lower Cost —Mediation usually entails lower legal and preparatory costs, there is minimal interruption of business or personal life, lost productivity is kept to a minimum, the mediation sessions are tailored for the parties schedules and the fees and expenses of mediation are usually cumulatively lower than the cumulative cost of litigation.

Preservation of Business Relationships—By reaching an early resolution with minimal financial or other strain on either party, the chances for preserving family and/or business relationships are greatly enhanced.

Protects Privacy—Mediation is subject to confidentiality and in fact, a mediator cannot be called to testify in a later court proceeding due to laws that protect the confidentiality the parties and the mediator enter into at the beginning of the mediation process.

Creative Solutions—Mediators help the parties craft creative solutions that involve emotional remedies like an apology, assistance on one of the prior joint assets and creative parenting arrangements.

Low Risk—Settlement potential is high because the parties are in agreement in utilizing the mediation process. The case proceeds quickly.

The cost is modest and there are benefits even if a settlement is not reached.

Stay out of Court – By using the Consent Decree process for your final divorce document, you will not have to go to court at all.

One of the biggest fears divorcing folks immediately have is that their divorce will be “run away” by their lawyers due to discovery rules of disclosure and the due diligence required once the lawyer is retained.
 
The horror stories are legion. Mediation is designed so that control stays in the hands of the clients.

Please Note: The legal information in this article regarding when decrees can be filed and whether you would be required to appear in court are specific to AZ and may not apply in your state.