The Divorce Mediation Process in Georgia
A court case can be a lengthy, grueling task for couples who are seeking a divorce. Often, a method that allows a couple to avoid the court is the best solution. Mediation is one of the best forms of out-of-court resolution.
What is Divorce Mediation?
Mediation is where both parties meet with an impartial third party, called a mediator, and they attempt to sort out the details of their splitting. The mediator is there to keep the conversation going between the two, which can be a challenging task due to the nature of the mediation. The mediator should urge both parties to consider their interests and needs as opposed to their position and rights. While a mediator is an important part of the mediation process, they can make no decision and are not allowed to impose settlements on either party. It is ultimately up to the divorcing couple to find terms both sides can agree.
Could mediation work for me?
People are often skeptical that mediation is the best method for resolving their divorce cases. After all, a mediator’s primary objective is merely getting the couple to settle their case outside of court. The mediator may have no concern for what in necessarily fair or right. How would a neutral third party that neither knows the couple nor has any right to make a decision for the couple, make the situation better? However, mediation may be what is specifically needed to save the couple the difficulty of a trial in cases where both the couple and their hired attorneys are unable to find a solution outside of court.
Divorce mediation in Georgia works a surprisingly high percentage of the time. Mediation has been known to resolve excessively challenging cases that have been disputed over for years. The fact that mediation can successfully settle cases that the interested parties have been arguing over for a great length of time is impressive.
Why Does Mediation Work?
The first reason that the arbitration process works so well is that the focus that is put on the session. The mediator often redirects the two parties from focusing on themselves and encourages them to consider possible solutions that are acceptable to both sides. A mediator is also responsible for creating an environment where the two parties feel comfortable enough to speak their mind.
A mediator must be partial and keep each meeting confidential, meaning what is said in the meeting will not be discussed elsewhere. The confidentiality of a mediation often allows for couples to reveal things that they may have been uncomfortable to say in another setting. Mediation also allows couples to have immediate discussions about any other troubles or concerns that they may be having. The discussions about these fears and concerns often make the disputing parties more at ease to allow them to focus more on finding a resolution. Due to these and a multitude of other reasons, mediation works very well for a wide variety of divorce situations.
How Does A Mediation Work?
The mediation process is flexible. The actual process may vary depending on the mediator and the couple that is receiving mediation. Because of the flexibility, there is no exact method for mediation.
However, some general steps are often followed at mediations. First, the mediator will wait for both parties to be seated and then explain to them the process of the mediation. Then he will allow both sides to give opening statements. If a particular case is overly emotional, the two parties may start in different rooms. Even in these cases, the mediator will go from room to room to hear the opening statements.
After the opening statements, the mediator asks the question that addresses the concerns of both parties. A mediator often has the task of forcing both sides to see the risk of a court case and the reward for finding a solution in the mediation. The mediator keeps the conversation moving until the couple resolves some of their issues or come to an impasse. Even if the mediation is unable to resolve all the problems of a case, it often narrows the gap between the couple and gives them common ground in which they may find a solution later on.
Are Mediations Necessary?
Often, you will not be forced to undergo mediation. However, it is almost always a great option for the couple who wish to avoid court but cannot come to a mutual understanding.
If you believe a mediation is your best answer to avoid divorce in Alpharetta, we can help.
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