Although divorce is typically portrayed as a hotly contested court dispute, many couples can resolve their disagreements in an amicable and respectful manner without having a judge settle their case. Mediation is a type of alternative dispute resolution (ADR) that involves a mutual third party helping a couple settle their divorce through facilitated, confidential discussions without going to court.
The certified mediator can either be a therapist, counselor, or even an attorney who is professionally trained in mediation. The mediator’s goal to help spouses effectively communicate and work together to find common ground in any or all divorce issues (e.g. child custody, child support, alimony, property division, etc.) in order to create a final divorce agreement.
There are two types of mediation in Georgia: private mediation and court-referred mediation. Private mediation involves hiring a private mediator prior to filing for divorce in court, while court-referred mediation occurs when a judge appoints a mediator to a couple after they file for divorce in court.
The following are the common benefits of mediation:
Less costly – Divorce through court litigation can cost couples tens of thousands of dollars, while mediation is substantially less expensive.
Less time-consuming – From adhering to the court docket and each party’s lawyer's busy schedule to going through the discovery process, a court-litigated divorce can take a year or so to resolve. By contrast, mediation provides couples with the flexibility to meet at any time of day and anywhere, instead of a courtroom or an attorney’s office, which is why a mediated divorce can be finalized in several months.
Private – Everything discussed during mediation remains confidential, which enables couples to be completely honest with one another. On the other hand, court cases are public, and anyone could learn about the details of your divorce.
Control – Rather than letting a judge determine a winner and a loser in a court case, couples going through mediation have complete control of the outcome of their divorce.
Benefits children – Divorce is emotionally and mentally difficult for everyone involved, especially the kids. Children who caught in the middle of a contentious divorce can have a lasting negative impact on their lives, especially if they are involved in the litigation process. Not only does mediation help both parents work together to find a divorce agreement, but it may also help them effectively co-parent after divorce.
If you are interested in divorce mediation, it is still important to hire an experienced attorney who can ensure your rights and best interests are being protected. At Daniels & Taylor, P.C., we have decades of experience providing our clients with compassionate and effective legal services to help you get the best possible outcome in your divorce.
Contact us today at (770) 285-1673 for more information about our firm. Serving clients in Lawrenceville and throughout Gwinnett County.