Divorce and Mediation: A Good Mediator is Worth Their Weight in Gold!

I wholeheartedly believe that, in some intractable, "knockdown-dragout" contested divorces, mediation is the best way to go to get a good result! I also believe that a skilled mediator is worth his or her weight in gold.

A mediator is someone who is trained to help parties in a lawsuit to reach a negotiated settlement. The mediator is supposed to be a neutral, impartial facilitator who can help promote communication and compromise. Put more simply, a good mediator can help get a divorce settled quickly and save both parties a lot of time, tears, and treasure!

In my opinion, some of the best mediators in divorce cases are divorce lawyers or judges. They have the experience to be able to tell the parties about the potential consequences at trial, if they
refuse to settle.

Have you ever gone though a mediation? What do yo think about it? Do you agree that a good mediator is worth his or her weight in gold!?

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!

Divorce and Mediation

So, you have filed for divorce and your worthless spouse, "Sluggo," and his divorce lawyer, are refusing, from your perspective, to negotiate a reasonable divorce settlement. What can you do to get a fair result without having to go all the way to a final hearing or trial? One idea which you and your divorce attorney may be required to consider is mediation.

Mediation is a process in which both divorcing parties, (and their respective divorce lawyers), will meet, (with a mediator acting as referee), and attempt to negotiate a fair settlement of all unresolved issues, including child custody, visitation, and property and debt issues. Mediation is not binding, which means that either party may be free to walk away from the mediation table without accepting the result, (provided that the party did not sign, or agree to, any mediation agreement while at the table). Georgia family law judges often require parties to attempt to resolve divorce issues through mediation, before coming back to court for a final hearing.

Mediation may occur in one of two primary ways:

1. Informal or Private Mediation: In this method, the parties may simply informally meet, along with their respective divorce attorneys, and attempt to informally settle the divorce case, or at least some of the issues. The parties may also utilize any neutral party to serve as mediator, or referee.

2. Formal or Court-Referred Mediation: In this alternative method, the parties will meet, along with their respective divorce lawyers, with a specially trained and court-approved mediator, who will attempt to guide the parties through a successful resolution of all outstanding issues. Again, while neither party is required to accept the result, (provided they walk away without signing or agreeing to the mediator's suggested resolution), the family law judge will likely at least require you, (and your divorce lawyer), to attend mediation and attempt such an alternative dispute resolution.

Please be sure to discuss the idea of mediation with your own divorce lawyer. There are no "magic" solutions which will make Sluggo act reasonably about everything! But at least mediation may help lead to a successful resolution of your divorce and without Sluggo driving you crazy during the process!

Other Costs in a Georgia Divorce

In this blog, we want to try to give you some good, practical information and tips about Georgia divorces and Georgia divorce attorneys. And maybe nothing is more practical than a discussion of the costs of your Georgia divorce!

Elsewhere in this blog about divorce in Augusta, Georgia, we have discussed how much in legal fees you may have to pay a divorce lawyer. Naturally, legal fees are just one of many potential costs in your Georgia divorce.

The court filing fee is another cost you should expect to pay. This is one cost that is required in both uncontested and contested divorces. Typically, the filing fee will be $80.00.

In addition, in contested divorces, there will typically be some court reporter fees, both for the temporary and final hearings. In addition, if your divorce lawyer takes any depositions, then you can expect to pay at least several hundred dollars, if not more, in court reporter costs alone.

Also, if child custody is at issue, then the court may appoint a guardian ad litem to investigate both spouses' homes while attempting to determine which spouse would make the best custodial parent. Guardian ad litems typically charge $500.00 initially, and frequently this initial cost is shared by the parties. Other guardian ad litem costs will depend on how much investigation is required.

Finally, many judges require the parties to go through mediation, if the parties cannot otherwise settle all the issues between them. Mediation may cost up to several hundred dollars.

So, you can see why contested divorces are so expensive! These are just some of the costs that you may have to pay in order to obtain your freedom! Have any of you experienced any expensive divorces? What happened to you in your divorce case?