What is Mediation?
The View of an Atlanta Divorce Attorney
Mediation is a process that can expedite the divorce process. If mediation is successful it may reduce the stress that the parties experience while going through a divorce.
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term mediation broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Before a divorce case is filed, couples can use mediation to resolve all
issues with Attorney Mediator. Once an agreement is
signed, the couple can file an uncontested divorce case in the Georgia
courts themselves, or with the help of a divorce lawyer.
How Divorce Mediation Works
Once Divorce Mediation is scheduled, couples meet face-to-face with
Attorney Mediator. Mediators help each party
determine their interests and what issues need to be resolved. Each
spouse has the opportunity to speak confidentially about their concerns
regarding the divorce without the other spouse. Each issue is
discussed until resolved. After Divorce Mediation, a written agreement
is provided to the divorcing couple. If attorneys are not present, each
spouse has time to take the agreement to his or her own divorce lawyer
to review before it becomes binding.
Pre Filing Mediation
Mediation before filing a divorce may help to reduce the time, expense and anxiety associated with the process. Pre-filing mediation may result in the parties reaching an agreement that could lead to the filing of an uncontested divorce.
An uncontested divorce, where the parties have come to an agreement regarding all issues of the marriage is a much less expensive option than a contested divorce action. An uncontested divorce may cost as little as $750 plus filing fees once an agreement has been reached.
When both parties decide to reach an agreement, they stay in control of any agreement that is created. Judges in uncontested divorce actions will review the paperwork you submit, and typically approve whatever you and your spouse agree to unless there is some unusual provision. Allowing a judge to make decisions for you can lead to unpleasant and unexpected consequences.
As long as you and your soon to be ex-spouse can communicate and are willing to treat each other fairly, an uncontested divorce may be the right option for you.
All issues of the marriage, property division, child support, child custody, visitation, alimony, equitable division of assets and debt maybe handled in an uncontested divorce.
Divorce Mediation prior to filing your complaint saves time and money. Once agreement is reached, there is no need for a court trial. A divorce that might take years
and cost thousands can be completed quickly and inexpensively.
Divorce Mediation allows couples to find solutions that work better for their family than
what a judge might order. Divorce Mediation agreements address concerns unique to
each family, while both husband and wife are more likely to get what they want.
Divorce Mediation reduces stress. Fighting through lawyers and preparing for trial takes
an emotional toll. Settling through Divorce Mediation allows everyone to move on with
their lives and focus on the future.
Divorce Mediation can decrease conflict by improving communication. This is especially
important when couples must continue to co-parent children.
Post Filing Mediation
Even when a case has been filed it is not too late to mediate a divorce conflict.
In fact many courts courts may require Divorce Mediation once a case has been filed. If you have a divorce case pending in the Georgia Courts, and are unlikely to resolve it without court intervention you will likely be ordered to go to Divorce Mediation.
Divorce Mediation is a reasonable alternative to fighting it out in court. Utilized by family courts for years, Divorce Mediation allows
couples to plan confidentially how to end their marriage.
When to Use Divorce Mediation
If a divorce has already been filed in Georgia, Divorce Mediation with
a mediator can be arranged through the court
system, or privately. In either case, attorneys are welcome in Divorce
Trust a team of Metro Atlanta Divorce Attorneys and Divorce Lawyers providing legal representation in matters of uncontested divorce. Our divorce lawyers cater to client’s living in the Northern Metropolitan Atlanta area, as well as North Atlanta, in Sandy Springs GA, in Dunwoody GA, and the rest of Northern Fulton County. Our divorce lawyers are experienced in negotiating uncontested divorces. In addition we provide a full range of domestic litigation services to advise and guide clients to a successful legal conclusion of all family law matters. In this regard we are rightfully proud of the reputation we have earned for both the commitment and zeal we bring when advocating on our clients’ behalf.
Law Office of Martin M. Del Mazo
Atlanta Divorce Attorneys
750 Hammond Drive
Atlanta, Georgia 30328
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