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By Dr. Michelle Mitcham You have decided to divorce
and have some idea of what you want. Perhaps you have talked to your family, close friends or an attorney. You’re thinking that you want your “day” in court to end this mar- riage once and for all? What does that mean and how much does “your day in court” really cost?
Nearly half of all marriages
end in divorce, so family law attorneys are always in need. Or are they? Family mediators are increasingly being utilized to handle divorces. Divorcing couples are encouraged to me- diate before they litigate.
So what is family mediation
and why should you consider it or suggest?
Mediation is a process by
which a neutral and impartial third party acts to encourage and facilitate the resolution of a dispute without prescrib- ing what it should be. The family law mediator is skilled in communication, reducing obstacles and conflict resolu- tion techniques. Mediation is focused on the divorcing cou- ple’s wishes and is intended to assist them is arriving at mutually accepted agreements and is interest-based, not po- sition-based nor adversarial like litigation.
The ultimate decision-
making authority rests with the parties, not a judge, mag- istrate or attorney. Mediation can be done with or without attorneys.
What are the other upsides
to family mediation? It is cost-effective, time ef-
ficient, interest-based, win- Dr. Michelle Mitcham
win focused, future-oriented as opposed to the past, may preserve the civil relationship and offers an increased sense of ownership and communi- cation. This solution-focused process is not available in a family court, where the judge decides the final outcome.
I have seen so many divorce
cases that were settled com- pletely or partially in family law mediation as opposed to in the courtroom. Some having attorneys, but some pro se (without an attorney), or self-represented. Please note that in cases such as high-conflict divorces, those are another story. By high- conflict divorce, I am referring to the couple characterized by intense anger, highly emotion- al, unable to discuss issues in a civil manner and chronically conflicted about all or most issues.
However, these cases still
utilize family law mediators, along with other family law professionals. High-conflict cases have three aspects: 1) Legal — lawyers, family law mediators, guardian ad litem);
THE MICHIGAN CHRONICLE
Your day in divorce court? Mediate before you litigate
2) Financial — financial plan- ner, forensic accountant and 3) Emotional — psychologist, parenting coordinator, mental health professionals, domes- tic violence advocates, custo- dy investigators/evaluators.
In these types of cases, an
interdisciplinary team of pro- fessionals with distinct roles, also known as a collaborative law approach, is best suited to meet the complex nature of the family’s issues and goals.
In family law mediation, P-E-
A-C-E is the acronym followed for protocol and issues to be mediated. P-E-A-C-E stands for Parenting Plan; Equitable Distribution; Alimony; Child Support; and Everything Else. In my firm, Mediated Solu- tions, LLC., I present an over- view of the mediation process and discuss the pros of family mediation and educate divorc- ing couples on the neutral process and help them settle their divorces with a final doc- ument, the Mediated Marital Settlement Agreement. Some- times they settle all issues which is a full agreement and other times couples leave with a Partial Mediated Agreement and allow the judge to settle the rest.
In any case, your day in
court is not always your day in court, so consider family me- diation for the dissolution of your marriage.
Dr. Michelle Mitcham is an
assistant professor of Coun- selor Education at the Univer- sity of South Florida. Follow her on
www.twitter.com/ DrMitcham, www.michellem-
itcham.com or Dr.Mitcham@
gmail.com.
Karmanos Cancer Institute’s Survivorship cel- Cancer survivors, their fam-
ilies and caregivers are invited to attend the 6th Annual Sur- vivorship University Celebra- tion of Survivorship event, Thursday, June 17, presented by the Barbara Ann Karmanos Cancer Institute.
This free celebration rec-
ognizes cancer survivors who raise awareness of cancer prevention and help empower lives.
This year’s event, “Finding Humor, Hope and Balance on
the Cancer Journey,” will be emceed by WDIV Local 4 me- teorologist Paul Gross, who overcame testicular cancer. Keynote speaker Scott Burton, renowned comedian, world- class juggler, author and cancer survivor will speak on finding balance through hope, humor and laughter.
Each year at the Survivor-
ship Celebration, the Karma- nos Cancer Institute bestows the Patricia Milner Sachs Heart of a Survivor Award to
June 16-22, 2010
Page A-7
WayneCountyCommunityCollegeDistrict’s School ofContinuing Education Presents the
Wayne County Community College District
SUMMER SAFETY FAIR
BRING THE ENTIRE FAMILY!
Friday, June 25, 2010 10:00 a.m. - 2:00 p.m.
Downtown Campus 1001W. Fort St. • Detroit, MI 48226
The Summer Safety Fair will help prepare young people and families for a fun and safe summer!
an outstanding cancer survi- vor who exemplifies compas- sion and devotion, someone who goes above and beyond to help other cancer survivors on their journey.
This year’s award will go
to Marcia Gurche of Sterling Heights.
For more information, call
(800) KARMANOS or visit
www.karmanos.org.
For further information please call the School of Continuing Education at (313) 496-2704 or visit
www.wcccd.edu
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ANNUAL 3RD
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