In Georgia, divorce mediation is a way for couples to work out their differences with the help of a neutral person. This person, called a mediator, helps them agree on things like child custody, alimony, and dividing property.
Mediation lets couples make decisions together without having to go to court, which can save time, money, and stress. Our Canton divorce lawyers can help you explore your mediation options during a private consultation.
We can review your unique situation, explain how mediation might benefit you, and discuss the issues that could be resolved through this process.
An Overview of How Mediation Works in Georgia
In Georgia, mediation can be used at any stage of a divorce—whether before filing for divorce, during the divorce process, or even after the divorce is final if new issues arise.
Below are general steps of how mediation works in the state:
Choosing a Mediator
In Georgia, a couple can start the divorce mediation process by selecting a trained mediator who serves as a neutral guide. The mediator doesn’t make decisions for the couple. Instead, this individual helps both sides talk to each other, stay on track, and find common ground.
Initial Consultation and Preparation
During the first meeting, the couple meets with the mediator to discuss what they hope to achieve. The mediator explains how mediation works and what steps they will follow.
The Mediation Session
During the mediation process, each person has a chance to explain their side and share what they want for issues like child custody, support, and dividing assets.
The mediator helps them stay focused and suggests ways to compromise so they can reach fair solutions together. Mediation usually takes place over several hours, which can be in person or sometimes online.
Reaching an Agreement
When both sides agree on the key issues, the mediator helps them create a written agreement. Both parties review and sign the document, which is then submitted to the court to make it legally binding.
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(770) 479-1500What Are Common Issues Resolved in Mediation?
Mediation can help solve many of the common issues in divorce, including:
- Child custody and visitation: Deciding where the children will live and how much time they will spend with each parent.
- Child and spousal support: Figuring out if one parent needs to pay child support or if one spouse needs to support the other financially.
- Division of marital assets and debts: Agreeing on how to split money, property, and any debts that were part of the marriage.
Does Georgia Require Couples to Attend Mediation?
Sometimes, the state requires mediation before a couple can go to court. Judges may order couples to try mediation first, especially if they have children or must resolve big financial issues.
However, couples can also choose mediation without a court order if they think it will help them reach an agreement.
Advantages of Mediation for Divorcing Couples in Georgia
Mediation has many benefits for couples, such as:
- Time and cost savings: Mediation is often faster and less expensive than a court trial.
- Privacy and control over outcomes: Mediation keeps personal issues private and gives couples more control over their decisions.
- Reduced emotional impact on children and families: Mediation allows parents to work together calmly, which is better for children and family relationships.
How Can Our Family Lawyers Help With Divorce Mediation?
Our family lawyers in Canton can handle the divorce mediation for you, offering support and guidance to help clients make informed decisions. While you don’t need a lawyer for this process, having one can help you.
Here’s how our experienced family law firm can assist with divorce mediation:
Preparation and Guidance
Our family lawyers can help you prepare for mediation by reviewing your goals, identifying key issues you are concerned about, and gathering relevant information, such as financial documents. We want you to have all the information you need so you can advocate for yourself.
Explaining Your Legal Rights and Options
During mediation, we will explain your legal rights and options so you understand the implications of potential agreements. We want you to have a clear understanding of what you are entitled to receive so you can make fair and informed choices.
Representation During All Mediation Sessions
While clients may attend mediation sessions alone, many bring their lawyers to the sessions. We can provide real-time advice, negotiate on your behalf, and monitor discussions to ensure they remain fair and balanced.
Drafting and Reviewing Agreements Before They Become Final
Once both sides reach an agreement, our lawyer will review or draft the final document, ensuring it is clear, comprehensive, and legally binding. This step is critical to prevent misunderstandings or future disputes.
Filing Agreements With the Court
After mediation ends, we can file the signed agreement with the court to make it official. We will handle any paperwork and confirm the agreement meets court standards.
Post-Mediation Support
If new issues arise after the agreement, we can help with modifications, enforcement, or any other legal support you need.
What Happens if Couples End Mediation Without an Agreement?
If couples end mediation without reaching an agreement, they have a few options. They can:
- Take their matter to court: If mediation doesn’t resolve the issues, the couple can go to court, where a judge will make the final decisions on matters like child custody, support, and property division.
- Try a different mediator or mediation approach: Sometimes, changing the mediator or trying a different approach to mediation can help. Couples may decide to reattempt mediation with a fresh perspective or after taking some time to reconsider their positions.
- Continue negotiating with legal help: If both sides want to avoid court but can’t reach an agreement in mediation, they might work with their lawyers to negotiate directly. Attorneys can help find a compromise and draft an agreement that works for everyone.
- Consider Alternative Dispute Resolution (ADR): Couples can explore other ADR methods, such as arbitration, where an arbitrator makes binding decisions, or collaborative divorce. This involves both parties working with professionals, including attorneys, to reach an agreement.
Ending mediation without an agreement isn’t uncommon, and it doesn’t mean the divorce must be difficult. Couples have options to keep working toward a resolution outside of court if they wish.
We Can Help You With the Divorce Mediation Process in Georgia
With nearly 25 years of experience helping families, Speights Law will guide you through each step of the divorce mediation process in Georgia, making it easier to find fair solutions that work for your family.
Our team works closely with you to find fair, personalized solutions for issues like child custody, support, and property division. Mediation offers a private and respectful way to make important decisions without going to court, helping you save time, money, and stress.
To learn more about how mediation can help you, call us today for a private consultation. Our experienced team is here to answer your questions about what happens when you settle your divorce in mediation and guide you toward a positive path forward.
