Top Tips to Prepare Your Case
Divorce disputes in and around the Lansing area can be complex and overwhelming, especially when it comes to custody, parenting time, property division, and spousal support. For many couples in Ingham County, Clinton County, and Eaton County, divorce mediation offers a path to resolution without the high expense and stress of a trial.
Michigan law encourages mediation in family law cases. Judges in counties like Ingham, Clinton, and Livingston prefer mediated agreements that reduce conflict and protect children’s best interests. Statistics prove that spouses that can negotiate settlements in their own cases during mediation have better long-term results than cases settled by a family court judge during a trial. Spouses are often required to attempt mediation before a trial is even scheduled.
A successful mediation requires preparation and the right mindset. If you are preparing for mediation, here are the top three dos and don’ts to help your divorce attorney get to a good settlement for you during mediation.
What Is Divorce Mediation?
Here in Mid-Michigan, divorce mediation is a more collaborative process in which you, your attorney, and your spouse meet with a neutral third party (mediator) to discuss what each of you wants. The mediator listens to both parties and attempts to facilitate a mutually agreeable solution. The mediator helps negotiate, without deciding the case for you, on key issues like:
- Spousal support
- Property and debt division
- And occasionally even custody and parenting time
Mediation in Lansing area Family Courts, like the ones in Lansing, Charlotte, St. Johns and Jackson, is generally much faster and far less expensive than a trial. It also allows you and your spouse to keep more control over the outcome of your case, rather than leaving decisions and your future in the hands of a judge.
Top 3 Do’s of Divorce Mediation
1. Be Prepared and Organized
Your family law attorney will likely want to meet with you before mediation to prepare. This meeting will involve a discussion of what your deal breakers are and what you are willing to negotiate on. Your attorney will be able to advise you on what is reasonable to ask for and what is not. Your attorney will advise you on what documentation they will need from you. It’s important to note that Michigan law requires full financial disclosure in divorce cases. Hiding or failing to disclose income or assets can result in retroactive corrections, penalties, or contempt proceedings. Be sure to provide your attorney with documentation of your finances: tax returns, pay stubs, bank statements, retirement accounts, and bills.
2. Stay Calm and Respectful
Mediation is most effective when both parties remain focused on finding solutions, rather than dwelling on past grievances. Your attorney and your mediator are not therapists. It is expensive and unproductive to spend your time at mediation venting to them about your spouse. That does not get cases settled. Mediators and judges in Livingston, Ingham, and Eaton County look favorably on parents who show they can cooperate in their child’s best interests.
3. Be Open to Compromise
Flexibility in negotiations increases the chance of a fair, lasting settlement. Divorce mediators are trained to push both sides of the cases toward the center in order to reach a compromise they can live with.
Top 3 Don’ts of Divorce Mediation
1. Don’t Hide Information
Failing to disclose income, assets, or debts not only undermines trust but can also result in sanctions or enforcement action under Michigan law.
2. Don’t Rush the Process
A rushed settlement that overlooks important details, such as pension division or long-term parenting schedules, can leave you at a disadvantage. Furthermore, it could result in more time and money being spent on going back to court to work out those details. Take the time to fully address each issue. Ask your attorney if there is something that you have not considered before finalizing any agreement.
3. Don’t Let Anger Drive Decisions
Divorce mediation isn’t an opportunity to argue with or punish your spouse. Courts in Ingham, Jackson, and Ionia County expect parties to act in their children’s best interests and to approach disputes reasonably and rationally. Decisions made out of spite may not only backfire when reviewed by a judge but also result in further litigation down the road.
How an Experienced Attorney Can Help
While mediators guide the process, they cannot give you legal advice or advocate for your interests. A seasoned Lansing area divorce attorney ensures:
- Your financial disclosures comply with the laws of Michigan.
- Parenting time and custody agreements protect your rights.
- Settlement agreements comply with Michigan law.
- You avoid costly mistakes that could affect you and your children for years.
FAQs About Divorce Mediation Around Lansing
Is mediation required in Michigan divorces?
Courts in Eaton, Ingham and Clinton counties often order mediation before trial. Exceptions may apply in cases involving domestic violence.
Can I refuse to mediate?
No. If ordered by the court, you must attend mediation unless you can show good cause to opt out. You should discuss with your attorney whether you have the ability to refuse.
What happens if we reach an agreement?
Your agreement is written into a consent judgment and submitted to the court. Once signed by the judge, it constitutes a final judgment.
What if mediation doesn’t work?
If you cannot resolve the issues, your case will proceed to trial, where the judge will decide on custody, property division, and support. If your case goes to trial, both spouses lose control over the outcome of the case.
Do I still need a lawyer if we agree on most things?
Yes. Even if you and your spouse agree, your lawyer ensures the agreement complies with Michigan law and protects your rights long-term. It is nearly universal that spouses don’t agree on everything since they don’t understand what all the issues are.
Get Help. Call The Kronzek Firm Today!
Mediation can be a powerful tool to resolve divorce disputes without the hostility of a trial. But preparation, honesty, and experienced legal guidance are key. Our Michigan Family Courts take mediation seriously, and so should you. Don’t try to handle it on your own.
If you are in Ingham, Jackson, Eaton, Clinton County, or elsewhere in the Lansing area, the experienced divorce attorneys at The Kronzek Firm are here for you. We have hundreds of cases of experience in handling divorce mediations. We can advise you on what is reasonable and advocate for your interests during mediation. Take the first step and contact us to schedule your initial consultation.
📞 Our seasoned attorneys have handled family law case for thousands of Michigan clients for more than 30 years.
You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. Our team is also available 24/7 for emergency consultations.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]