The Role of Mediation
In Georgia, while some divorce and family law cases inevitably go to
trial, most are settled through Alternative Dispute Resolution (ADR), with
mediation being the most common. Often required by courts before proceeding to
a final hearing, mediation allows both parties to work towards a mutually
acceptable resolution. A neutral third party, known as the mediator,
facilitates discussions, helping both sides address contested issues without
the need for a trial.
Preparing for Mediation
Preparation is key to a successful mediation. Begin by gathering evidence to support your position. Although mediation is less formal than a courtroom setting, having your facts and figures in order will boost your confidence.
At Meriwether & Tharp, we prepare a detailed Marital
Balance Sheet (MBS) for every divorce case, which outlines the parties' assets and debts. The MBS is accompanied with account statements to verify the figures presented.
A Domestic Relations Financial Affidavit (DRFA) is required by most Georgia counties in divorce and other family law cases and is important for laying a solid financial groundwork during mediation. The DRFA itemizes your monthly income and expenses, along with a comprehensive list of assets and debts.
If children are involved, you will need to prepare a Parenting
Plan and Child Support Worksheet (CSW). You will need W-2 forms and/or pay
stubs to accompany your CSW and substantiate your financial claims.
What to Expect During Mediation
Most densely populated urban counties in Georgia will
have an ADR office, where mediation typically takes place. Upon arrival, you
will check in and be directed to designated conference rooms or waiting areas.
Depending on circumstances and safety concerns, the
mediator may choose to conduct the sessions in one room or utilize a method
called 'caucus,' where parties are separated into different rooms. The
mediation process usually begins with the mediator explaining the rules,
confidentiality, and their role in the proceedings. Following this, each party
has an opportunity to deliver an opening statement, outlining their position on
the case.
The Length and Outcome of Mediation
Mediation can last anywhere from 4 to 13 hours, so
patience is essential. Keep in mind that a successful mediation often results
in a settlement which leaves both parties somewhat dissatisfied. Yet, the
hallmark of an effective agreement is one where both parties have had to
compromise. By reaching a resolution through mediation, parties are more likely
to adhere to the agreed-upon terms, ultimately saving both time and money
compared to a court-imposed solution.
In sum, entering mediation prepared not only
increases your chances of reaching a favorable resolution but also contributes
to a smoother process for everyone involved.