Litigation is not a Requirement
In Michigan, and most other states, it is necessary to have a judge determine or approve the terms of a divorce settlement before a divorce can be granted. This requires, as a minimum, that a lawsuit be filed. However, it does not follow that the parties in a divorce case must be drawn into conflict. Mediation is an alternative to litigation in most cases.
It is understandable that attorneys steer their clients into the litigation process because it is an easier and more comfortable place for them to be. However litigation encourages differences and bitterness during the process. At the conclusion of litigation, which usually results in both sides being unhappy with the outcome, clients are left to think in terms of blaming and injustice. They feel powerless and disenfranchised.
At Windwood Center, we view the legal system as a peace-making or moderating influence within our society. Its ultimate test is whether it succeeds in that respect, not whether it produces "right" or "wrong" answers. Mediators can help clients understand that there are several possible approaches to almost every situation and thatıı what is really important can often be obtained through negotiation.
A just result is one which everyone involved can accept. The philosophy of Windwood Center affiliates is that such a result can be found through careful negotiation. Justice, being a process, can be achieved without, and well as within, the courthouse.