Do the Majority of Cases Go to Trial? What Does Going to Trial Mean?

Majority of divorce cases in Michigan are resolved by way of mediation. Mediation is the process whereby a neutral third party attempts to aid the parties in resolving all aspects of their case. If a case is not resolved at mediation, however, the case will proceed to trial. Parties are often motivated to settle their case at mediation given the high costs, length of time, and the shift of power that occurs when proceeding to trial. Whereas the parties were previously afforded the opportunity to resolve the disputed issues on their case at mediation, when a case proceeds to trial, the power shifts to the Court.

In preparation of trial, your attorney, if counsel is retained, may require an additional retainer to prepare your case for trial. The retainer required will vary depending on counsel retained but could be upwards of several thousand dollars. Once the case proceeds to trial, both parties will have the opportunity to introduce exhibits into evidence and present witnesses to testify on his/her behalf, if necessary. At the conclusion of the trial, the Judge will determine how the remaining issues should be resolved and a Judgment of Divorce will be prepared incorporating the Judge’s ruling.

If you are unhappy with the Judge’s ruling following the conclusion of trial, it is extremely difficult to change or overturn the ruling. Thus, most parties will typically settle most, if not all, of the disputed issues at mediation.