Divorce Mediation in Georgia
Divorce Mediation in Georgia (Finding Amicable Resolutions)
Utilizing a divorce mediation process is growing in popularity. Going through any divorce is almost always an emotionally charged process, often associated with high-conflict and protracted litigation. Additionally, the lengthy litigation (arguing between spouses) drives up the cost to get a divorce. Now, divorcing couples in Georgia are finding mediated divorce to be a more amicable, less confrontational, and more cost-effective approach to ending a marriage.
A Win-Win Way to Get Divorced
The GeorgiaDivorceOnline.com website offers this take on divorce mediation; "Mediation attempts to change disputes from "win-lose" to "win-win." Mediation is a non-adversarial process of helping people come to agreement on issues like parenting arrangements, support of children and spouses and division of real and personal property. "1
What is Mediated Divorce
Mediated divorce refers to a process where a neutral third party, the mediator, assists divorcing couples in reaching mutually acceptable agreements regarding various aspects of their separation, such as child custody, division of assets, and spousal support. This method offers an alternative to the traditional litigation process, empowering couples to make decisions together in a collaborative manner. In this way, a skilled divorce mediator can bring you and your spouse to find commonality, resolve conflict and make constructive decisions.
The Forbes Advisor website speaks to the simplicity of mediation by saying; "Mediation is often a one-stop option for couples, as the mediator prepares the full divorce settlement agreement and provides the paperwork necessary for the divorce to become final with a court." 2
Advantages of Mediation
In Georgia, mediated divorce has gained popularity due to its numerous advantages. One of the primary benefits is the control it gives to the divorcing couple over the outcome. Rather than leaving critical decisions in the hands of a judge, mediation allows spouses to actively participate in crafting solutions that meet their unique needs and those of their children, if applicable. This is one of the top reasons that mediation is the preferred approach for high-asset divorce in Georgia.
Mediated Divorce Process
The process typically begins with the selection of a qualified mediator. In Georgia, mediators are often attorneys with specialized training in mediation and family law. They facilitate discussions between the spouses, ensuring that both parties have the opportunity to voice their concerns and preferences. The mediator does not make decisions for the couple but instead guides them toward finding mutually agreeable solutions.
What to Expect
Unlike having your lawyers fight it out in court, mediation is a collaborative process. The divorcing spouses may be in separate rooms with the attorney going back and forth, or in the same room with the mediator guiding the conversation. The goal of the mediator is to reach mutual agreement on issues, and save weeks of phone calls and emails between clients and lawyers. It shoud be noted that the mediator functions as a neutral participant who is obligated to only finding fair and reasonable outcomes.
The end-game is to build-out your Settlement Agreement. Most divorce mediation law firms can move you from litigation to finalizing your divorce. The NOLO.com website summarizes this by saying; "If you finish negotiations and resolve some or all of your divorce-related issues, the mediator will write an agreement and, in many cases, a parenting schedule or parenting plan. Your settlement agreement will include only the topics that you resolved during mediation. Some mediators will help you file divorce your paperwork with the court; others won’t." 3
Mediation – A Comprehensive Solution
Child Custody and Support: If children are involved, determining custody arrangements and developing a parenting plan is a crucial aspect of the mediation process. This includes decisions about visitation schedules, parental responsibilities, and child support.
Division of Assets and Debts: Mediation allows couples to discuss and decide how to fairly divide their property, assets, debts, and financial responsibilities. This often involves considerations of real estate, savings, investments, and retirement accounts.
Spousal Support: Discussions about alimony or spousal support are also part of the mediation process. Couples can negotiate terms that are equitable and consider the financial circumstances of both parties.
The state of Georgia encourages mediated divorces and recognizes the importance of alternative dispute resolution methods. Courts may require divorcing couples to attempt mediation before proceeding to trial, promoting the idea of resolving conflicts outside the courtroom.
When is Divorce Mediation a Good Choice?
Despite its advantages, mediated divorce requires a willingness to compromise and communicate effectively. Successful mediation depends on the commitment of both spouses to work together respectfully and honestly to find common ground. A key factor in getting the most out of a mediated divorce is hiring an experienced divorce mediation lawyer.
When is Mediated Divorce Not Suitable?
However, mediated divorce may not be suitable for all situations, especially those involving domestic abuse, power imbalances, or extreme hostility between spouses. In such cases, other legal avenues may be more appropriate to ensure the safety and well-being of all parties involved.
Choosing mediated divorce in Georgia can offer a more cost-effective, efficient, and less stressful way to dissolve a marriage. By prioritizing cooperation and understanding, couples can navigate this challenging life transition with greater control, respect, and the potential for a more harmonious post-divorce relationship.
CREDITS and FOOTNOTES
- 1 Staff Writer, "Divorce Mediation in Georgia", June 22, 2023, Available from Georgia Divorce Online
- 2 Regina DeAngelis, "Divorce Mediation: Definition, Pros & Cons (2023 Guide)", February 3, 2023, Available from Forbes
- 3 Melissa Heinig, "Divorce Mediation Basics", February 4, 2023, Available from NOLO.com
- Photo by Karolina Grabowska, available at Pexels
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