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678-880-9361Mediation and Arbitration serve to resolve differences in a confidential manner so the divorce process can mover forward. The key difference between mediation and arbitration is how the decisions are made.
In a mediated divorce in Georgia uses a neutral mediator to help spouses reach agreements on issues like property division, child custody, and support without going to trial. The focus is on cooperation, open communication, and crafting solutions that work for both parties and their children.
An arbitrated divorce in Georgia involves both parties presenting their preferences to the same private arbitrator. The arbitrator acts like a judge by hearing both sides and making binding decision on all matters. Arbitration is more structured than mediation but provides for slightly more control than courtroom litigation.
Divorce mediation and arbitration offer the potential for a faster divorce process, privacy of details, lower cost, and a far less stressful way to end a marriage."
Divorce mediation can lower the cost and stress of getting a divorce. In divorce mediation, a neutral party professional meets with both spouses (either in person or remotely) and facilitates positive communications to reach resolution on important divorce issues including property, finances, and any matters affecting minor children. Benefits of mediatation includes:
Divorce arbitration is a process in which you and your spouse agree to hire one neutral party (arbitrator) to solely make decisions about the specifics of your divorce. The arbitrator acts as would a judge, and the decisions made are binding. Arbitration many of the advantages of mediation; however, it affords you less ability to negotiate the terms of divorce. Benefits of arbitration includes:
After reaching agreement on all salient points, your mediation attorneys needs to complete the Settlement Agreement and file it with the family court.
Typically, you will be advised of a court date for a brief hearing. The judge will review your proposed Settlement Agreement, and may ask you (or your lawyer) questions. If there are unresolved matters, the judge can make decisions and approve your divorce. If you have minor children you will need to validate that you have completed a Parenting Class. The clerk of court can then complete and issue your final divorce decree.
After the mediation process is complete, your finalizing divorce can be done in about one to two weeks. Your divorce mediator will need to compile the notes into a Settlement Agreement. The Agreement needs to be reviewed and signed by both parties. The signed Agreement can then be submitted to the court for review and approval.
The cost of divorce mediation and arbitration in Georgia depends on the complexity of the case and the amount of time required to settle all points. Couples with good emotional regulation can benefit from either option.
In many divorces, mediation is the more affordable option, often costing a few thousand dollars in total, because spouses share the mediator’s fee and may resolve issues more quickly.
Arbitration typically costs more than mediation and can range higher, but it is often still less expensive than a fully contested court case due to its faster, more streamlined process.
Both mediation and arbitration can help Georgia couples reduce legal fees, save time, and maintain greater control over the outcome compared to traditional courtroom litigation.
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678-880-9361