Is Mediation Mandatory for Divorces in Atlanta?

If you’re approaching divorce in Atlanta, you may have heard about a concept called “mediation.” Perhaps you’re not quite sure what this entails, but you’re worried about being forced into the process against your will. Is it true that mediation is mandatory for all divorcing spouses in Georgia? How can a family law attorney in Atlanta help you navigate this process?

Mediation Is Often Unavoidable in Georgia 

Despite how you may feel about mediation, this process is likely unavoidable as you pursue a divorce. Courts require all couples to at least attempt mediation before proceeding to court. In the eyes of the court, it makes sense to avoid costly and time-consuming trials if at all possible. Mediation can achieve this goal, and it is often successful.

During mediation, both parties will meet with a neutral third party called a mediator. This individual is trained and qualified as per the Rules of Georgia Alternative Dispute Resolution. The goal of every mediator is to help spouses learn how to resolve their differences without going through a trial. This may require spouses to compromise and cooperate on an agreement that settles all aspects of divorce. These subjects include child support, child custody, property division, and alimony.

That being said, a mediator can only make “suggestions.” If either spouse disagrees with the outcome suggested by their mediator, they are free to walk away from the negotiations. If this occurs, a trial may be the only possible outcome.

You Can Also Try Collaborative Law 

Mediation is not the only form of alternative dispute resolution. You might also want to consider collaborative law – also known as “collaborative divorce.” This process eliminates the mediator and allows two sets of lawyers to guide the discussions. These lawyers often receive specific training and qualifications on collaborative law, allowing them to guide spouses toward positive outcomes.

Like mediators, collaborative lawyers can only make suggestions. If spouses agree on these suggested outcomes, the lawyers can help draft a divorce agreement. As long as there is nothing wrong with this agreement, it may help spouses avoid a trial in the same way as mediation.

Spouses have the right to choose any ADR method they think is most appropriate. Many people appreciate the impartial, unbiased nature of a single mediator. Others like having two collaborative lawyers, as each spouse has someone “fighting in their corner.” Still others may prefer arbitration, a third method that involves legally binding decisions instead of mere suggestions.

All ADR methods have the same level of privacy, which is often a key priority for many divorcing spouses.

How Can a Family Law Attorney in Atlanta Help With Mediation? 

Because mediators are impartial, neutral parties, it makes sense to have an Atlanta family law attorney at your side during this process. These legal professionals will advocate for you in ways that a mediator never will. With sufficient guidance, you can navigate your mediated discussions with confidence. Contact Buckhead Family Law to learn more about the next steps.

Source:

dca.georgia.gov/community-assistance/coordinated-planning/intergovernmental-coordination/alternative-dispute