Mediation: A Smarter Path to Resolution

When facing legal disputes, mediation offers a smarter alternative to going through a lengthy trial. Instead of leaving your fate in the hands of a judge, you and the other party, with the guidance of a mediator, work together to resolve the issues. In Michigan, it's mandatory to attempt mediation before a judge will hear your case. Most mediation sessions are conducted via Zoom, with the mediator keeping the parties in separate virtual rooms. If, by chance, both parties agree on all issues beforehand, mediation isn't necessary—an agreed consent judgment is simply entered. However, this scenario is rare.

The Mediator's Role

The mediator's job is to facilitate a settlement—not to take sides or determine who’s right or wrong. Their goal is to find common ground that both parties can agree on. A mediator might offer insights into how a judge could rule or whether one party's stance is unreasonable. However, they cannot force any decisions upon either party. If mediation succeeds, the agreement is formally recorded, usually both audibly and in writing, and incorporated into a divorce judgment. Once an agreement is reached, it is binding, so there's no turning back the next day.

When Mediation Fails

If mediation does not result in an agreement, the mediator simply informs the court that the case didn't settle. The court will then set a trial date. Importantly, the mediator must maintain confidentiality—they cannot disclose what occurred during mediation or any settlement offers made. The mediator only indicates whether the case was settled or not. Remember, what happens in mediation stays in mediation.