When most people think about resolving a legal matter, the vision of a judge in a courtroom often comes to mind. Litigation, however, is only one way to resolve a divorce or family law concern and one that is typically a last resort. At Elkouri Heath PLC, we recognize the importance of utilizing alternative methods for dispute resolution whenever possible, including collaborative law, mediation, and arbitration. Our team includes certified Collaborative Divorce Law practitioners and certified mediators, and we are committed to helping you obtain a favorable outcome regardless of the challenges you may be facing.
As applied to the practice of family law, mediation entails both parties meeting together with a neutral third-party mediator to discuss the matters at hand. Mediation may be ordered by the court prior to trial or the parties may decide to use mediation on their own. A court-appointed or approved mediator will usually facilitate court-ordered mediation, while voluntary mediation can utilize any mediator the parties wish.
During mediation, both parties will have the opportunity to express concerns and their opinions regarding the case, and the mediator is responsible for keeping the discussions on track. Depending on the situation, your attorney may accompany you to mediation sessions, but he or she, at the very least, can help you plan and prepare. The process continues until an agreement is reached or it becomes clear that a settlement is not possible. With flexible scheduling often available, mediation generally provides a faster, more efficient, and lower-stress alternative to courtroom litigation.
In mediation, the mediator does not have authority to make decisions regarding the case. In arbitration, however, the chosen third party is given such authority. When a couple agrees to arbitration, they give a neutral arbitrator the power to decide on their family law-related matters, including the division of property, child custody, and more. An arbitrator's rulings are binding but subject to limited review by the court.
Compared to litigation, arbitration can be much more informal, allowing the parties to relax and focus on the questions at hand. They can also select the arbitrator and determine how much power he or she will have over specific aspects of the case.
While alternative dispute resolution methods like mediation and arbitration may eliminate contentious courtroom battles in your case, it is still important to work closely with a skilled family law attorney. Your lawyer can help you fully understand your rights and will work with you in exploring your legal options.
If you are considering mediation or arbitration for your divorce, contact our office. Call 248-344-9700 for a free, no-obligation consultation at Elkouri Heath PLC today. Located in Novi, MI, we represent clients in Livonia, Farmington Hills, Northville, Canton, Macomb, Livingston, Washtenaw, Oakland County, and Wayne County.
