The Divorce Mediation process in Georgia
If you’ve been involved in any kind of family law situation in the legal system, you’ve probably heard the word mediation. Let’s talk about the mediation process in Georgia. What it involves, what it is, and how it can be beneficial for you.
What is mediation? Mediation is where the two parties who are involved in the court proceeding try to come together with the help of an impartial third party to resolve their issues. If you weren’t involved in the proceeding in court, you could probably try using someone from your church, or even a family friend.
A lot of times that’s what people do. However, as long as there’s a court case pending, there’s a very specific list of trained mediators that the court wants you to use to try to resolve your issues. Mediation is often one of the most important steps of the divorce process. However, it’s also important for resolving child support, child custody, and other family law issues.
Why do I have to do mediation? (Is it mandatory in Georgia?)
“Why do I have to do mediation? I just want the judge to decide.” We hear this a lot in our office. Look, the bottom line is that before the judge steps in and tells you what to do, they want you to try to come up with your own solution to your problem. That’s what mediation is about. And there are benefits to that. Most times, we have found that people tend to stick to an order or an agreement better if it’s something that they helped create. So, you’ve seen the problem, you know what the solution will be, and you have a hand in creating that solution, rather than some man or woman sitting on a bench telling you what to do.
Can mediation speed up the divorce process?
One of the little-mentioned benefits of mediation is that you can actually get done with your case a whole lot quicker going through the mediation process, rather than waiting for the judge to find place on their calendar to hear your case in a trial. One of the biggest questions our divorce attorneys get is how long it takes, well mediation may help expedite the process.
Why is that? Because you control the scheduling. The attorneys will get together with the parties, and they’ll put the case down at a time, usually a whole lot faster than if you were going to trial.
We Are Atlanta Divorce Mediation Attorneys
In order for mediation to be successful, you have to be prepared for it. So, we make sure that not only you as the client is prepared, but that your file is prepared. We’ll take the time to discuss parenting plans, child support, asset division and debt division. Whatever nuance of your case may have, we will discuss and prepare you for that, going into the mediation session.
Your case might be one of the ones that don’t settle at mediation. This is okay. It’s not the end of the world, it’s just the reality. Nothing is 100%. And that actually benefits to you of not settling at mediation, even if it’s often the best outcome.
One of the benefits of mediation, if your case is one of the few that doesn’t settle at mediation, is that you now have the advantage of knowing what the other side wants, and what their position is. And that means that when we start preparing your case to go to trial, which is the next step, we’re not doing that blindly. Everything will be tailored to further your position, and also defend against what the other side is going to be asking the court for.
Even if your case is not one of the cases that settle at mediation, all is not lost. Have you heard the phrase that most cases settle on the courthouse steps? They do. And it’s critical for you to have a divorce team that cannot only prepare and take your case to litigation and trial, but also one that is dedicated to helping you get your case settled if at all possible. Pick up the phone, give us a call. We’re here to represent you in mediation and in litigation at the Edwards Law Group.
