When you realize your marriage is ending, your first thought might be of a stressful courtroom fight. Many people worry about the conflict, the cost and the feeling of losing control over their own lives. However, divorce does not have to be a destructive battle.
For many couples in Georgia, divorce mediation offers you and your spouse to privately make your own decisions with the help of a neutral professional. While it does not apply for every situation, here are three signs mediation is a good tool for handling your divorce.
You and your spouse can communicate productively
For mediation to be effective, both parties must be willing to participate and negotiate. However, Georgia courts generally only mandate attendance at mediation, not that you must reach an agreement.
If you can both commit to open communication and shared problem-solving, mediation can be a highly effective.
You want creative solutions for complex finances
High-asset or financially complex cases often benefit from mediation. A courtroom battle can be a blunt instrument, and a judge may not have the time to understand every nuance of your family’s finances.
In mediation, you can work together to divide a business, handle stock options or structure property division in a way that works for your specific long-term goals. You have more control over the outcome.
You share children and need to coparent
This is a key scenario. When children are involved, your relationship as coparents will continue long after the divorce. Litigation often damages this relationship by creating a “winner” and a “loser.”
Divorce mediation focuses on building a parenting plan that you both create, helping build a foundation for your future coparenting interactions, which is better for your children.
When mediation may not be the best path
Mediation may not be appropriate in cases with a history of domestic violence. Georgia courts must screen all cases for this issue. Mediation will only proceed after the court consults the at-risk party and implements specific safety measures.
It is also very challenging if one spouse has a history of financial dishonesty or is actively hiding assets. In these cases, you may need the formal discovery process and protection that litigation provides to ensure a fair result.
The path you choose to end your marriage can define the start of your next chapter. To understand which path is right for you, speak with a family law attorney. They can clarify the differences between mediation, collaborative law and litigation based on your specific circumstances.
