Michigan Mediation Agreement
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FAQ
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
The mediation might be enforceable only if the agreement contains an express clause stating that the mediation will be enforceable in a court of law. On the other hand, the mediation might generally be enforceable unless the parties expressly agree that it not be enforceable.
The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.
The mediation process is simple, but very effective. With a mediator present (which can be online), parties begin by telling each other their side of the story. The mediator helps parties identify the issues that, if addressed to each party's satisfaction, would resolve the dispute.
Settlement: The Agreement is binding If a party tries to wiggle out of a Mediation Settlement Agreement, the Settlement Agreement will likely be enforced by the Court and sanctions may be entered against the party trying to get out of the agreement reached at mediation.
The Costs of Mediation The judge will likely order each party to each pay half of the cost. If the judge orders mediation but you can't afford it, you can ask the judge for a free or low-cost mediator. Free and low-cost mediators are not available in every county.
Is Mediation Mandatory in Michigan? Unlike other states that require that spouses attend mediation before going to trial, there is no such requirement in Michigan. However, a judge may sometimes order that the spouses attempt to resolve their divorce through mediation before they go to court.
