When a marriage ends, couples face a fundamental choice: resolve their differences through negotiation and mediation, or fight it out in court. Both paths have legitimate uses, but understanding the differences is essential to making the right choice for your family.
Mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps both spouses reach agreements on the issues in their divorce. The mediator does not make decisions; rather, they facilitate productive conversations and help parties find common ground. Logan Jacobson Mackensen is a Certified General Civil and Domestic Relations Mediator and a court-approved mediator in five Michigan counties.
Contested litigation is among the most expensive legal processes a person can face. Attorney fees, expert witness fees, court costs, and the time investment can easily reach tens of thousands of dollars for a complex case. Mediation, by contrast, typically costs a fraction of litigation — particularly when both parties are represented by attorneys who are focused on resolution rather than combat. For many families, the cost savings alone make mediation the obvious choice.
A contested divorce in Michigan can take one to two years or more. Mediation, when successful, can resolve all issues in a matter of weeks or a few months. Even accounting for Michigan’s mandatory waiting periods, mediated divorces are finalized far more quickly than litigated ones.
In litigation, a judge — who has never met your family and has limited time to review your case — makes the final decisions. In mediation, you and your spouse retain control over the outcome. Agreements reached in mediation tend to be more durable because both parties had a hand in crafting them.
Mediation is not appropriate in every situation. If there is a history of domestic violence or abuse, if one party is hiding assets, if there is a severe power imbalance, or if one party is simply unwilling to negotiate in good faith, litigation may be the only viable path. Logan will give you an honest assessment of which approach is right for your situation during your free consultation.