Mediation is an effective method of resolving personal legal disputes. Couples wishing to preserve their privacy and those hoping to resolve a family conflict without litigation should try mediation. The process often saves time and money and spares you the stress and turmoil of going to family court.
A Buckhead mediation lawyer can facilitate a productive discussion between you, the other party, and your attorneys. Even if you do not leave the table with an agreement, the exercise often helps move individuals closer together so they can resolve their disputes peacefully. Let a talented family and divorce attorney from our firm provide you with the guidance you need during a challenging time.
The Official Code of Georgia § 19-5-1 authorizes a judge to refer parties to mediation before a divorce trial. A Buckhead mediation attorney has special training in facilitating productive discussions between conflicting parties. They know the law but do not give legal advice during a session.
Usually, both parties are in the same room with the mediator, but sometimes discussions are more productive if the individuals are in separate rooms and the mediator moves back and forth.
If domestic violence or intimidation is a factor in the relationship, the parties will almost always be separate. Some mediators prefer to conduct sessions remotely when the parties’ relationship is especially volatile.
The length of the sessions depends on the circumstances and the mediator’s schedule. Mediation takes at least a few hours, and a mediator usually asks the participants to block off half a day. Several sessions might be required.
Mediation is voluntary even when a judge orders it. Either party or the mediator can end a session at any time. Depending on the reason for ending the session, a party could reschedule or terminate the mediation process without an agreement. If an individual chooses to end mediation without an agreement, the mediator will notify the family court, and the clerk will schedule a hearing or trial on the unresolved issues.
If both parties reach an agreement, the mediator formalizes it in writing. They will review it with their attorneys, sign the document, and submit the agreement to the judge. If the mediation resolves all the outstanding issues, there is no need to go to family court.
One of the most valuable aspects of working with a mediation attorney for Buckhead residents is that it is completely confidential. If the mediation is successful, the judge sees the signed agreement. However, the mediator reveals nothing about what was discussed during mediation, regardless of whether the process is successful. The only exception is that the mediator must report violence or abuse.
In contrast, hearings and trials are usually public, and decisions are a matter of public record. People with substantial assets or who are in the public eye benefit greatly from keeping family law disputes private.
Regardless of a couple’s financial or social status, mediation allows them to retain control over personal decisions. Although both individuals may have to compromise on some points, a successful mediation allows everyone to have a say and decide what they can accept. If the dispute goes to court and a judge must decide, the party is bound by the judge’s decision, even if it is unworkable or seems unfair.
If a family law dispute threatens to land you in court, the judge might order you to mediation. In other cases, you and the other party might try mediation before filing a lawsuit.
Working with a Buckhead mediation lawyer can help you resolve your issues amicably, privately, and relatively inexpensively. Call our firm today to schedule a consultation with a dedicated and qualified team member.