Understanding Georgia’s Mediation Process In A Divorce Case

Going through a divorce can be a difficult and emotional process, but mediation can make the experience less stressful and more manageable. Mediation is a form of dispute resolution that allows couples to work together with a neutral third party to reach a resolution that is fair and agreeable to both parties. In this article, we will take a closer look at the mediation process for divorce cases in Georgia.

Overview of Mediation in Georgia

Mediation is an alternative to traditional divorce litigation, and is often a faster and less expensive process for couples who are willing to work together to come to an agreement. The goal of mediation is to empower couples to decide the terms of their divorce for themselves, rather than have a judge make these decisions for them.

In Georgia, mediation is mandatory for all contested divorce cases. This means that before a couple can have a final hearing in court, they are required to participate in at least one mediation session.

Choosing a Mediator

In Georgia, couples are allowed to choose their own mediator, as long as the mediator is certified by the Georgia Office of Dispute Resolution. Couples can find a mediator through the court system, their attorney, or through private organizations that offer mediation services.

It is important to choose a mediator who is objective and impartial, and who has experience in mediation for divorce cases. It is also important to make sure that both parties are comfortable with the chosen mediator.

The Mediation Process

The mediation process typically involves several sessions, with each session lasting between two to four hours. The first session is usually an orientation session, where the mediator explains the mediation process and helps the couple set an agenda for the following sessions.

During the mediation sessions, the mediator acts as a neutral third party and facilitates discussions between the couple. The mediator helps the couple identify areas of agreement and areas of disagreement, and encourages them to work together to find solutions that are mutually acceptable.

If the couple is able to reach an agreement on all issues, the mediator will draft a written agreement that outlines the terms of the divorce. Once the agreement is signed by both parties, it becomes a binding legal document.

Benefits of Mediation

Mediation offers several benefits over traditional divorce litigation. These benefits include:

  • Cost-effectiveness: Mediation is often less expensive than traditional divorce litigation, as it eliminates the need for lengthy court battles.

  • Privacy: Mediation is a private process, which means that discussions and negotiations are not a matter of public record.

  • Control: Mediation allows couples to make decisions about their own divorce, rather than having a judge make these decisions for them.

  • Preservation of Relationships: Mediation helps couples work together to come to an agreement, which can help preserve their relationship after the divorce.

Overall, mediation offers a much more positive and collaborative approach to divorce than traditional litigation. It provides couples with the opportunity to work through their differences in a constructive way and reach an agreement that is mutually beneficial.

Conclusion

Going through a divorce is never easy, but mediation can help make the process less stressful and more manageable. Understanding Georgia’s mediation process for divorce cases can help couples navigate the process with confidence and ease.

By choosing a qualified mediator and working together collaboratively, couples can come to an agreement that is fair and mutually acceptable, and move on with their lives in a positive and constructive way.

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