Mediation - Divorce Without Court
What is Divorce Mediation?
Divorce Mediation is an important step in the direction of avoiding a court trial and achieving a win-win settlement. The mediation process is helped along by a third, neutral party called a mediator. Your mediator helps you and your spouse to craft the specific terms of your divorce settlement.
This voluntary, safe and structured process can help reduce stress and avoid the long painful litigation battle process that seems to go on forever.
Mediation is a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a neutral third party to facilitate the mediation process, assisting you to reach your own resolutions.
Mediations can be conducted with or without lawyers and prior to or during litigation.
Even during litigation, mediation can be NON-ADVERSARIAL.
I conduct a facilitative mediation where I assist you to negotiate positive resolutions, potentially avoiding further Court litigation or a trial.
WHEN MEDIATION OCCURS PRIOR TO LITIGATION, Why could ATTORNEYS BE INVOLVED IN MY DIVORCE?
YOU CAN I HAVE AN ATTORNEY, BUT IT’S NOT REQUIRED. IT’S YOUR CHOICE.
I usually suggest that you do have an attorney, even during a mediated (negotiated) divorce. Attorneys provide legal information, assist in negation strategies, review written agreements, prepare various divorce related document and sometimes even participate in mediation sessions.
Because I conduct a facilitative mediation where I assist you to negotiate positive resolutions, potentially avoiding further Court litigation or a trial, your attorney should be familiar with and supportive of mediation. At your request, I will provide you with a list of attorneys whom I find reliably add value to mediation and will not pull the needlessly case into litigation.
Why do you recommend that mediation clients hire a separate lawyer? You’re a lawyer, right?
When I work with you as a mediator, I’m not a substitute for legal advice or representation. As a mediator, I’m required to be neutral, so I am prohibited from representing either spouse during or after the divorce.
Many clients find it helpful to speak with an attorney toward the start of the mediation process and return to the attorney for advice as the final settlement takes shape. Attorneys typically review the final written papers to confirm that they match your understanding of the agreed settlement.
Who are Divorce Mediators?
Mediators can be lawyers, accountants, mental health professionals, clergy, or other professionals trained in alternative dispute resolution techniques. Their sole role is to help you and your spouse identify and resolve issues. You decide: not a judge or jury.
During the mediation, the couple becomes aware of all the important facts. Typically and each lawyer (and mediator) will explain to each spouse what they think is likely to happen in a court trial.
It’s critical for mediation to be successful that all information has been shared, reviewed and analyzed prior to the day of mediation. By this point, each spouse usually accepts that the divorce is inevitable. Hopefully, any existing barriers to informed productive negotiations have disappeared (or at least diminished). Now, a reasonable and fair settlement is more likely to happen.
You decide: not a judge or jury.
Divorce Mediators Create a Safe Space to Negotiate.
Mediation can be a safe and effective place to resolve all your disputed issues.
- Mediators don’t choose sides.
- They don’t determine the outcome of your divorce.
- They are only there to help you decide things for yourselves.
Divorce Mediation Works!
During mediation, most people realize that settlement is the best option and can craft a satisfactory settlement agreement that puts all remaining unresolved issues finally to bed. Now, each spouse can finally move on with their lives.
That’s why less than 10% of Atlanta divorce cases are resolved via a trial.