Mediation is a legal alternative to litigation and can be useful for many issues including divorce and probate issues. Mediation is a legal process where both parties meet with a neutral party to try to come to an agreement without taking their case to court. The mediation can be voluntary or court ordered. A mediated divorce will cover the same topics as a litigated divorce, including child custody, spousal support and/or child support, and marital property division. For contentious co-parenting issues, Parenting Coordination is a form of mediation that keeps the child(ren)’s best interests in mind during divorce or post-judgment modification negotiations.
Who should choose mediation?
Mediation is most successful when both parties agree that they can conduct a rational discourse and arrive at a fair agreement. Amicable or uncontested divorces often have successful mediated experiences.
Mediation is not recommended for couples who have a power imbalance in their relationship, such as if one spouse is abusive, controlling or manipulative. It is also not suggested for couples with one party who is at a natural disadvantage such as with a language barrier, health problem or extreme age difference. This would also apply if one of the parties had a definitive advantage such as a knowledge of the law.
White Lake Attorney Kathryn Wayne-Spindler is a trained mediator
Many, but not all, mediators are also licensed attorneys. Kathryn Wayne-Spindler is an effective mediator. She combines the knowledge of an experienced divorce litigator with her compassionate ability to listen to both sides. She is an authoritative and empathetic mediator. A list of other mediators is available through Friend of the Court.
The Mediation Process
Couples usually meet several times with a mediator in a neutral location. A mediator listens to both parties’ requests and encourages dialogue. A mediator can make suggestions, but ultimately, in order for the divorce settlement to be finalized, both parties must agree to all of the factors. If the couple cannot agree after attempting mediation, they still have the option to hire attorneys and take their case to court where a judge will hear all of the arguments and deliver a decision that stands.
- Faster and Cheaper – Couples often achieve less expensive and quicker dissolution through mediation than litigation.
- Control – Mediation gives the parties greater control over the outcome of their divorce settlement
- Confidentiality – The mediated proceedings are confidential unlike a divorce trial which is public record.
Contact the Milford, Michigan office of Kathryn Wayne-Spindler & Associates at 248-676-1000 to find out more about mediation.
Kathryn Wayne-Spindler & Associates have many satisfied clients throughout the five counties of Southeastern Michigan – Oakland, Washtenaw, Wayne, Genesee and Livingston. The Michigan Family Law Attorneys of Kathryn Wayne-Spindler & Associates have one simple objective: to handle our clients’ legal worries so they can concentrate on life and family. Contact Kathryn Wayne-Spindler & Associates today to learn more about our experience and success at 248-676-1000. We are conveniently located in Milford, Michigan. We help clients throughout Milford; Highland; Hartland; White Lake; Commerce; Waterford; West Bloomfield; Walled Lake; South Lyon; New Hudson; Wixom; Linden; Holly; Fenton; Grand Blanc; Flint and many more local communities.