Divorce Mediation: What It Is, How It Works, Costs & Benefits

Are you struggling to resolve disputes over custody, support, or other issues related to your divorce in Michigan?

If so, mediation could be a practical option. Mediation gives you the chance to resolve disagreements in a more private and flexible setting, but it can also raise important legal questions.

You may wonder what issues you can settle, what happens if mediation fails, or how you can make mediated agreements enforceable.

Mediation works best when you have the right legal guidance. An experienced attorney can guide you through the mediation process, explain your options, and help you make informed decisions.

What Is Divorce Mediation?

Divorce mediation is a process in which a neutral third party, known as a mediator, assists couples in resolving divorce-related issues outside of court.

The goal of mediation is to reach an agreement that both sides can accept without a judge deciding everything for them. Mediation sessions often focus on contentious matters, such as custody, parenting time, and property division.

It works best when both parties are open to compromise and can communicate clearly.

Spouses don’t need to agree on everything before starting the process. The mediator will guide the conversation to keep things productive and help both parties find practical solutions to their disagreements.

How Divorce Mediation Works in Michigan

In Michigan, courts can refer divorce cases to mediation if there are disputes regarding custody, support, or parenting time. Judges may order mediation, one party might request it independently, or both can agree to try it.

Sometimes, the Friend of the Court (FOC) will get involved.

The FOC is a division of the circuit court that helps enforce and manage child custody, parenting time, and child support orders in family law cases.

The FOC can refer a case to a mediation center, but only after the court signs a referral order. Mediation can happen in person, online, or by phone.

If the parties reach an agreement, it can be converted into a court order once the judge approves it.

Issues You Can Settle in Michigan Divorce Mediation

Mediation can help couples reach agreements on many divorce-related issues.

These can include custody arrangements, parenting time schedules, and spousal support payments.

Couples may also work through property division matters, including who will keep the house, how to split debts, or what to do with retirement accounts.

They can also discuss smaller day-to-day matters, such as school choice or holiday schedules.

If both parties are open to collaborating on all the issues, mediation can provide them with more control over the outcome than leaving it all to the court.

Mediator vs. Your Michigan Divorce Lawyer: Who Does What?

What are the main differences between a divorce mediator vs lawyer?

Divorce Mediator

A mediator stays neutral and doesn’t take sides. They don’t represent either person and can’t give legal advice.

Their job is to help both parties talk through the issues and find fair solutions.

Divorce Lawyer

Your divorce lawyer, on the other hand, prioritizes your interests and works to make sure any final agreement protects you. You will likely get more out of mediation when you have an attorney to help you prepare, participate, and review the outcome.

If you engage in mediation without a lawyer present, you can still have your attorney review the agreement before it goes to court.

How Much Does Mediation Cost?

Divorce mediation costs vary, but most mediators charge by the hour. Each party typically pays half, unless the court determines that one party should pay more based on their income.

If affordability is a concern, the FOC might provide referrals to free or low-cost mediation centers.

You’ll still need to pay your lawyer separately if they review your mediated agreement or attend the session. Always ask about the costs upfront so you know what to expect and can plan your budget accordingly.

When Mediation Makes Sense — and When It Doesn’t

Mediation works best when both parties want to avoid lengthy court battles and are willing to talk things out.

If both sides can listen, stay respectful, and focus on solutions, it might be a good fit.

However, mediation usually won’t work if there’s a history of abuse, domestic violence, threats, or a serious power imbalance.

The process can also break down if one party refuses to cooperate or tries to hide relevant information. Judges may order mediation, but they will usually hold a hearing first if safety concerns exist.

Voluntary vs. Court-Ordered Mediation in Michigan

Some couples try mediation on their own, while others only enter mediation because the court orders it. Judges can order mediation if there are custody, support, or parenting time disputes to resolve.

Parties can also request mediation by filing motions in court.

If the FOC gets involved, they may refer couples to a mediation center, but only after a judge signs off. Even if mediation is court-ordered, parties can object on certain grounds, such as abuse or inability to negotiate without a lawyer.

Are Mediated Agreements Legally Binding?

Not automatically. However, if both parties agree on terms during mediation and sign off on them, their mediated agreement can become legally binding.

The court must review and approve it before turning it into a court order. Once that happens, both sides must comply with it, just like any other order. If either party fails to follow the terms of the order, the other can take them back to court.

You aren’t required to finalize anything during divorce mediation, and you can have your lawyer review the terms before signing. If you can’t reach an agreement through mediation, your case will move forward through the divorce process as usual.

How to Prepare for Divorce Mediation in Michigan

Start by gathering documentation of your income, debts, assets, and expenses. Make a list of your goals for parenting time, property division, and support arrangements.

Think about what matters most to you and where you’re open to compromise. If you have legal counsel to represent you, talk with them about what to expect. Be ready to stay honest and respectful during mediation, even if things get tense.

Preparation can help you remain calm, organized, and prepared to work toward an agreement that fits your situation.

Need Help? Talk to Our Michigan Divorce Attorneys Today

You don’t have to go through mediation on your own.

The lawyers at Alward Fisher can explain what to expect from the legal process and protect your interests every step of the way. Our law firm has more than a century of combined experience practicing family law matters in Michigan.

Contact us now to arrange your consultation and get the legal representation you need to handle your divorce with confidence.