Are you in a custody dispute with your spouse? Our legal …
Finding middle ground can be tough in divorce. Mediation can be your answer.
Finding middle ground can be tough in divorce. Mediation can be your answer.
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Updated: Wednesday, 20 Feb 2013, 3:43 PM EST
Published : Friday, 15 Feb 2013, 11:04 AM EST
GRAND RAPIDS, Mich (WOTV) - Couples who are divorcing sometimes find it difficult to work out the details of their divorce in a fair and amicable way. When spouses are unable to come to an agreement, however, one method that is available to the court to avoid a trial is mediation. Until recently, the court did not have the power to order mediation, but in an effort to encourage settlements, many courts have taken the position that it should be ordered in nearly every case. There are cases where the court is not supposed to order mediation. Those involving domestic violence are supposed to be excluded in an effort to offer some protection to victims.
What is mediation? It is a meeting of both parties with a specially trained mediator, usually an attorney, who will listen to both parties and attempt to find common ground and ultimately suggest ideas to resolve some or all of the disputed issues. It is important to understand that any recommendations are just that, recommendations, and they are not binding. Couples can accept the mediator's recommendations and put it into writing to be signed by both parties or they can reject the mediator's recommendation and opt for a trial.
Mediation is just one of the tools available to the court to help couples resolve their disputes before it goes to trial in front of a judge. It doesn't work for everyone, but given a sincere effort it can help couples avoid the expense of a trial.
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