Georgia Divorce Lawyer Q&A: Is Mediation Necessary or Helpful?

October 19, 2019

Sometimes, when divorcing spouses cannot agree, Georgia judges will recommend mediation so you might be asking is mediation necessary or even helpful. In other situations, the spouses hire divorce lawyers and the latter end up fulfilling the role of mediators, among others. There are also cases when divorcing spouses participate in mediation voluntarily, in an attempt to reach an agreement.

Some couples see mediation as an additional headache, another delay in solving their issues and moving on. Others swear by its effectiveness and utility. This goes to show that there is no right or wrong answer on whether mediation is necessary or helpful.

Sometimes it is. Other times it is not. Sometimes, Georgia divorce lawyers take on the role of mediators. Other times, not even the best mediator can get the spouses to agree. The only thing certain is that, if the court recommends mediation, it becomes a necessity.

The court cannot force divorcing spouses to agree, but they can force them to try. Mediation basically provides the conditions for the attempt to take place. If there is even a slight chance to turn a painful at-fault divorce into a friendly, no-fault divorce through mediation, then it is worth it. This is especially true when children are involved, as they suffer the most in the war between the spouses.

When mediation is not imposed by the court, it can be difficult for the spouses to assess whether it is worth trying. If that is your case, some more information on how mediation works may prove useful. We will provide it in the following lines.

Mediation through the Eyes of a Georgia Divorce Lawyer

As mentioned above, the goal of mediation is to provide divorcing spouses a chance to reach an agreement. Besides avoiding or settling conflicts, mediation could also increase the likelihood that spouses honor the agreement they reach.

Mediators are professionals who have completed approved domestic mediation training and have observed and co-mediated actual disputes as part of their training. Many divorce mediators nowadays participate in domestic violence educational workshops. These help them tackle the most sensitive and challenging issues of a divorce.

Generally, mediation addresses issues like custody, child support, property division, and alimony. The spouses are not forced but encouraged to agree. The role of the mediator is to facilitate discussions between spouses, help them see things from a different perspective, and avoid conflict and fights.

Couples reach mediation following one of two paths:

  • Forced by court order – After the spouses file for divorce, the judge refers them to mediation.
  • By their own will – The spouses pay a private mediator to help them resolve their differences.

In both cases, the agreement the spouses reach, if any, is legally binding. Therefore, many divorcing spouses prefer to have a divorce attorney defending their interests at this stage as well. While the focus of a mediator is to get the spouses to agree, the focus of the lawyer is to protect their client’s interests.

Do I Need a Georgia Divorce Lawyer during Mediation?

Experienced and dedicated lawyers will encourage agreements as opposed to expensive, exhausting, and traumatic court battles. However, they will also look after their clients’ interests.  It is very important for divorcing spouses to understand that legal advice and mediation do not exclude one another.

On the contrary, they often work together to help couples avoid endless court battles and the hassles that these bring about. Sometimes, the spouses are fortunate enough to come across an experienced and dedicated lawyer who helps them solve their differences and avoid needing mediation.

Other times, not even the best lawyers and mediators can put an end to the fight and get them to agree. In either situation, it is important for the divorcing spouses to, at least, have a clear understanding of their rights and legal options.

These can be easily gained during a consultation with a divorce attorney in Albany. The good news is that some divorce lawyers provide free preliminary consultations. Those who are not sure whether they need legal advice or not can obtain the answers they need without paying.

Schedule Your Free Consultation with One of the Best Divorce Attorneys in Albany, GA

Are you or your spouse filing for divorce or participating in mediation? Our Albany divorce lawyer can help you prepare and explain your rights and options. Whether your marriage will end in mediation or in court, we can make sure that your rights are protected and your needs are met. If you let us, we can take over all hassles and help you move on with your life. Contact our office today and schedule a free consultation!