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?

Divorce and Mediation: How Much Does It Cost?

In the last post, I extolled the virtues of mediation as a potential solution in many tough divorce cases. But in looking back at the post, I realized that I failed to give you any practical information concerning the costs of mediation. So, here goes!

In my experience as a divorce attorney in Augusta, Georgia, I have used mediators whose fees have ranged between $100.00 per hour to $250.00 per hour. (The latter rate was what a retired judge charged). Other mediators have charged $125.00 per hour. And you must also keep in mind that mediation may, in some cases, take several hours!

In short, while some mediators may be "worth their weight in gold," as I claimed in the last post, when you, as a divorce client, have to pay their bill, it may seem like they cost that much, too!

Please be sure to discuss all aspects of mediation, along with all other costs of your divorce, with your own divorce lawyer.

Divorce "Tip of the Day:" Try Informal Mediation

Recently, we discussed the importance of utilizing mediation to attempt to resolve child custody or other issues in a divorce. In Georgia, many judges will generally require formal mediation before allowing the parties to schedule a final hearing.

But did you know that, even prior to formal mediation, (in which a court-approved mediator will guide the settlement discussions), it might be advantageous for both divorce attorneys and both parties to meet together, informally, to attempt to resolve any outstanding issues in your divorce?

Of course, every situation is different. For example, if your worthless spouse, "Sluggo," has a head made of thick concrete, and if he is not pre-disposed to logic, common sense, and reason, then this idea probably won't work in your case!

But in many cases, informal mediation--just between the parties and divorce lawyers--might be the perfect method for getting your divorce done more quickly and at a cheaper cost. Discuss this idea with your own divorce attorney!