Atlanta Divorce Mediation Attorney
Many divorcing couples find that mediation is helpful because it allows them the opportunity to resolve issues amicably and make their own decisions regarding child custody, finances property division and other matters. If you are interested in this process, contact Jody A. Miller, Esq. Attorney At Law, in Atlanta, Georgia, to schedule an appointment with an Atlanta divorce lawyer.
What Is Mediation?
Family law mediation is a form of alternative dispute resolution (ADR) in which the mediator, a neutral party registered with the state, meets with both parties to assist in reaching a resolution in all or some of the issues that must be resolved in the case. While it is commonly used in a divorce, it is also beneficial in all family law cases, sometimes even including those involving domestic violence.
An Experienced Mediator
As a registered mediator in the state of Georgia, I have a thorough understanding of the mediation process. When serving as a mediator, I do not represent either party but help the parties clarify and define their issues, develop options and possible resolutions, evaluate and choose among their options, and memorialize any agreements reached.
Registered mediators are not required to be lawyers. However, I am an experienced Atlanta family law lawyer, I can help parties effectively identify all the issues that need to be discussed and can guide them in finding a resolution that meets their needs now and in the future.
Selecting A Mediator
Couples are allowed to choose their own mediator. A list of all state registered mediators can be found at the Georgia Office of Dispute Resolution website, www.godr.org, or at the Alternative Dispute Resolution offices of most counties.
When Is Mediation Used?
Couples can engage in voluntary mediation before or after a case is filed. During this process, the parties agree on issues relating to the divorce, including child custody, spousal support, property division and other related matters. If the couple comes to a final agreement on these issues, they may bring the matter to an Atlanta divorce lawyer who drafts the divorce document and obtains the necessary signatures to finalize it.
In Georgia, the family court often requires couples going through a divorce and most other family law cases to engage in mediation, if they have not already done so. Both parties and their Atlanta mediation lawyers may agree on a mediator or have one chosen for them through the county. When mediation is required by the court, parties are obligated only to make an attempt in good faith to resolve the issues and are not required to reach an agreement.
Using Mediation To Decide Some Family Law Issues
Mediation is not an all or nothing process. You can use it to agree on some of the issues related to your divorce or other family law case, while leaving others for the court to decide. In addition, you can use mediation to form partial agreements, such as deciding on the division of assets, but not the division of debts.
Mediation Is Confidential
Anything discussed in mediation remains confidential. If an agreement is reached, the mediator will draft a memorandum of understanding that is clearly written and as detailed as possible so that the parties can use it as a basis for a future court order.
Mediation Vs. Collaborative Divorce
Mediation and collaborative divorce are both effective alternatives to traditional litigation. They offer a more amicable and often less stressful way to resolve divorce-related issues. In mediation, a neutral third party, known as a mediator, facilitates discussions between you and your spouse to help reach a mutually agreeable settlement. This process is typically quicker and less expensive than going to court, as it encourages open communication and cooperation. Mediation allows both parties to have control over the outcome.
On the other hand, collaborative divorce involves each party working closely with their attorneys to negotiate a settlement. This approach requires a strong commitment from both parties to resolve issues without resorting to court. Other professionals such as financial advisers or child specialists may get involved to provide insight. The collaborative aims to achieve a fair, balanced agreement that meets the needs of both parties and any children involved.
Both mediation and collaborative divorce prioritize cooperation and communication, reducing the adversarial nature of traditional divorce proceedings. These methods can help preserve relationships and create a more positive environment for future interactions, especially when children are involved.
Can My Attorney Be Present During The Divorce Mediation Process?
Yes, you can have your Atlanta divorce attorney present during mediation sessions. Having legal representation provides you with valuable guidance. It also ensures that you have someone to advocate for your rights and interests. Your attorney can help you understand the legal implications of proposed agreements and offer advice on how to achieve your goals.
Am I Allowed To Choose A New Mediator Mid-Mediation Process?
Yes, you have the option to choose a new mediator if you feel it is necessary. You should feel comfortable and trust the mediator to guide the process effectively. If you believe that the current mediator does not meet your needs or does not facilitate productive discussions, you can look into selecting a new mediator.
Contact An Atlanta Mediation Attorney To Learn More
Contact me at Jody A. Miller, Esq. Attorney At Law, to learn if mediation is right for you. As a registered mediator, I can thoroughly explain the process and benefits of resolving family law issues by means other than litigation. I represent clients throughout Georgia, including locations such as Carrollton, Decatur, Lawrenceville, Cartersville and Marietta. Call 678-805-9576.