Process Options Continuum

pro per   mediation   collaborative divorce    litigation

Pro Per 

A person who represents themselves is considered “in pro per.”  As a result, the parties do not have the benefit of legal advice, must draft all of their own legal documents, and must act as their own lawyers without the benefit of knowing the procedures and rules of the court.

Mediation

In mediation, the parties hire a neutral third party to assist them in reaching agreements. The mediator can provide information about the legal process and guide a discussion to help resolve issues. The mediator may or may not be a lawyer, but in any event the mediator cannot and does not represent either party, and cannot provide legal advice to either.  If the parties proceed in mediation without attorneys, they must still prepare all the required forms for the court, though a mediator may help prepare forms for the parties. 

Mediation which is early stage, and facilitative is the most similar to collaborative divorce in that the parties utilize the neutral to help resolve their issues.  Most quality facilitative mediators require the parties to retain their own attorneys to provide them with legal advice throughout the process, and prepare the paperwork.

Collaborative Divorce

In collaborative family law, both parties to a divorce or other family law case hire specially trained collaborative lawyers, and both parties and both attorneys agree formally not to submit any issues to a judge or court commissioner for a contested decision. Instead, the parties and their attorneys together use a process known as interest-based negotiation and creative problem solving to find “win-win” compromises which all parties believe represent the optimal outcome, taking into consideration the goals and needs of both parties and their children, if any.

In addition, collaborative divorce may involve a team approach, which can present significant advantages in reaching an efficient, optimal outcome. Possible team members include mental health professionals who can serve as “coaches” to assist the parties in keeping the collaborative process effective and productive, child psychologists or counselors who sometimes serve as specialists to assist in understanding and helping promote the best interest of any children involved, and financial advisors.

Litigation

In a divorce or other family law case in which the parties use the traditional legal process, both parties usually hire attorneys. The attorneys help to educate and counsel their clients about legal issues, provide legal advice, and represent the positions of their client in negotiations and court hearings. This model is an adversarial process in which each attorney advocates (argues in favor of) positions based on the needs/wants and perspective of their client. The parties communicate through their attorneys, rather than directly with one another, regarding their positions, proposals and counter-proposals on the issues in their divorce. The process may involve the use of formal legal procedures, known as "discovery," to secure financial and other relevant information. This may include the use of depositions (a formal taking of testimony before a court reporter prior to a trial or hearing) and the subpoenaing of documents or other material believed to be relevant to the issues. Each party may hire experts to support their positions. Experts may include psychologists, real estate and personal property appraisers, business valuation specialists, accountants, and other investigators.

Although Michigan requires late-stage mediation which occurs a few weeks before trial, it is difficult to mediate after months of motions and discovery.  Most cases do settle; however, if necessary, your divorce case could go to trial and you and your attorney will be forced to present evidence on all contested issues which may include child custody, parenting time, property division and support.  Upon hearing the evidence, the Judge will render a decision regarding all contested matters which will become your Judgment of Divorce.