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Learning about divorce mediation

Georgia spouses who would like to have an amicable divorce may decide to pursue mediation. Litigation is not always the answer for individuals, especially if they may be able to reach a mutual decision that is in the best interest for both of them. Mediation may help couples negotiate their divorce.

Divorce mediation may decrease the expense of litigation. Individuals who would like to avoid excessive costs and the time-consuming nature of litigation may turn to mediation as an alternative. Another advantage to mediation is that individuals can play a more critical role in reaching a conclusion that is satisfactory to them. Mediation encourages settlement and can be helpful in the family law setting by removing parents and spouses from the adversarial system that is common in litigation. Mediation also provides confidentiality to individuals as they deal with private matters regarding their divorce and their children.

Nearly every state requires parents to mediate child custody disputes. Some courts provide pre-litigation services in various forms to help individuals resolve conflicts before an official court hearing. The use of mediation during a divorce is based on the premise of voluntary participation in the process. A third-party mediator helps to facilitate communication and understanding between the parties. His or her job is to get the couple to focus on their interests and reach a decision together. When the divorce mediation process is complete, the couple may reach a divorce agreement that is legally valid and acceptable to both parties. By going through the process of mediation, there may be fewer problems that arise after the agreement is reached because both parties played a pivotal role in the resolution.

Individuals who believe that they may be able to reach an amicable decision regarding their divorce may discuss the possibility of alternative dispute resolution with a family law attorney. They may find it to be a less-stressful method.

Source: Findlaw, "Divorce Mediation - Overview", August 14, 2014

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