Monday, November 14, 2011

Divorce and Mediation: Formal Mediation and Informal Mediation

[Scales of Justice Image from wikipedia]
As Augusta, Georgia divorce attorneys, we often assist our divorce clients by resolving various issues in their divorce cases through mediation.  Mediation is a form of alternative dispute resolution in which a neutral party, the mediator, facilitates an open dialogue between the parties, (and their divorce lawyers), with a goal of resolving disputed issues without a trial.

Our Augusta, Georgia judges generally require mediation to be tried before they will allow the parties to proceed to a final hearing.

Of course, there are many trained mediators who are skilled at getting warring litigants to the table to discuss possible solutions to their cases.  As divorce attorneys, we often marvel at how some mediators are gifted in getting some difficult cases settled!

While this formal mediation works in some cases, this is not the only method of settlement.  Informal mediation, without a mediator, is still available.  In short, as divorce lawyers, we sometimes attempt informal mediation to resolve issues, such as alimony, and debt, or property, division.  In other words, we simply arrange a face-to-face meeting, (in some divorce cases), with the other divorce attorney and their client, (and us with our client), and simply sit down, across a conference room table, (without a go-between, or mediator), and attempt to negotiate a settlement on our own. 

Informal and formal mediation do not work in every divorce case.  If not, you may still have to go to a final hearing, or trial, and let the judge make the call.  We recommend that you discuss each of these mediation ideas or methods with your own divorce lawyer.

What is your opinion of mediation as a way to resolve divorce disputes?

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