Last updated on March 3, 2022

The advantages to negotiating a GA divorce settlement through mediation​

On behalf of Alexis Putt

Mediation is an alternative form of divorce that is growing in popularity because of its many advantages over traditional court divorce.

Although most marriage vows include the phrase, ‘until death do us part,’ less than 50 percent of marriages in the U.S. will actually last that long, according to the Centers for Disease Control and Prevention. Getting a divorce in Georgia or in any other state in the nation has become more commonplace than ever before. As a result of this surge in separations, mediation and other alternative forms of divorce have grown in popularity. While traditional court room litigation continues to meet the needs of some couples who are going through a divorce, mediation negotiations may work best for others.

How does mediation work?

Mediation sessions offer divorcing couples a way to civilly discuss the issues surrounding their separation, including property division, child custody, visitation and child support. The process allows couples to ultimately create their own divorce settlement, according to the Huffington Post. The sessions take place out of court and under the guidance of a third-party mediator. While the mediator is available to guide the couple through the process and answer any general questions that may come up, they are not able to give personalized legal advice regarding crucial divorce decisions.

What are the advantages of mediation?

The American Bar Association states that there are several advantages to choosing mediation over a traditional court divorce. They include:

• The ability to customize a settlement. Since couples are able to personalize their settlement, they are able to make their own arrangements, free from the discretion of an appointed judge.
• More affordable as the process is generally quicker and there are no courts costs.
• Quicker to create a settlement. Many couples can file a settlement after just one or two mediation sessions.
• Sessions take place in a relaxed and non-confrontational atmosphere. This often results in less stress and anxiety during the divorce process.
• Couples are more likely to follow the terms of the divorce decree when they have had a personal hand in creating the settlement.

Couples often leave the marriage on better terms after going through the mediation process, while traditional court divorces may leave couples feeling bitter toward one another.

Is mediation for everyone?

Although mediation can be extremely helpful in some divorce situations, it is not for every couple. Mediation is a required precursor to a Georgia divorce; however, people who do not wish to cooperate with the creation of a divorce settlement or who are especially emotional throughout the divorce process, may be unable to settle through mediation. In order for mediation to work properly, both parties must agree to disclose all information regarding the divorce and help to make the best choices for everyone involved.

How an attorney can help

Whether you are considering mediation or any other form of separation, an established attorney in Georgia is an essential component of any divorce. A lawyer can offer personalized representation to ensure you get everything that you are entitled to during the divorce process. Rather than attempt to make these crucial decisions on your own, it may be best to partner with a knowledgeable attorney.