Benefits of Mediation
Marietta divorce law firm can help you through the process
Many courts in Georgia require divorcing parties to mediate their case before a final hearing can be scheduled with the judge. An attorney handling divorce mediation in Marietta or elsewhere in Georgia will guide the client throughout the process, which can ultimately save the client time, trouble, and the expense of further litigation. Obviously, this can result in a lower psychological cost to the client as well.
Here is how it works: The divorce mediator is first appointed by the court. The first session with the neutral mediator might be scheduled within 90 days of the case being filed. It is an informal, give-and-take process that helps the divorcing or separating couple work out differences on all matters of asset and debt distribution, child custody, child support, spousal support and related issues.
What are the advantages of utilizing a court-appointed mediator in Marietta or elsewhere in Georgia?
- The mediator provides constructive advice on ways to resolve differences from a neutral standpoint.
- Mediators, as opposed to judges, engage both parties in creative problem solving. All parties can provide constructive ideas and work out solutions that may not surface in the formality of a courtroom.
- As a result of their active involvement, most parties are generally happier with the overall outcome.
Through the use of a divorce mediator, the parties can resolve most terms in a divorce settlement, including child custody and support, alimony, division of assets (home, securities, cars, etc.), and division of marital debt. Mediation is not a binding process. If, during the mediation process, the parties cannot come to an agreement, their case will proceed through the normal litigation process, ending with a court trial.
The divorce process can also involve two other forms of alternate dispute resolution (ADR). One is a Collaborative Divorce, where the entire process takes place outside a courtroom. Couples who are parting on relatively good terms can use Collaborative Divorce as a less expensive and faster method.
The second ADR alternative is arbitration. Similar to mediation, it involves a neutral third party, the arbitrator. However, in arbitration, the neutral third party actually decides the case, like a judge. It is preferred by some people, because it keeps some of the matters of the marriage from becoming public (i.e., confidential), and it is often faster and less expensive.
The Law Offices of Daryl L. Kidd, P.C. has utilized all forms of alternative dispute resolution, and which process to use is something that the attorney and client discuss and agree upon. If you are involved in a potential separation or divorce, contact us to find out what the best approach is for you and your children.