Mediation: A Possible Path to a Less Painful Divorce
22 Dec 2014

Mediation: A Possible Path to a Less Painful Divorce

There is simply no getting around that fact that the end of almost any marriage is a time fraught with intense emotions, tension, and conflict. Hurt feelings, worries about the future and the well-being of any children, and the practical issues of property division and support can create a perfect storm for lengthy, expensive, and destructive divorce litigation.

It doesn’t have to be that way.

Many Georgia couples find that mediation can be a path that keeps them away from the courthouse and on the road to a quicker, more amicable, and less expensive resolution of the many matters that need to be resolved between them. Mediation can create an atmosphere that keeps emotions in check, leads to effective discussion and compromise, and leave the parties with an agreement they can both feel good about as they move forward with hope and clarity towards their lives as individuals.

All Brunswick Divorce Cases Screened for Possible Mediation

In the Brunswick Judicial Circuit, the Brunswick Circuit Mediation Program is required by the Georgia Commission of Dispute Resolution, and by the Circuit’s Mediation Rules, to screen all domestic relations cases to determine whether a case is appropriate for mediation.

After the cases have been screened and pursuant to the Standing Mediation Order of the active Superior Court Judges of the Brunswick Judicial Circuit, the cases that are approved will be referred to mediation.

What is Mediation?

While there are many different kinds of mediation varying in styles and procedures, it is fundamentally a process through which a neutral third-party listens to the concerns, perspectives, and wishes of the participants, and works with them to find areas of common ground and agreement. Mediators are trained in dispute resolution and negotiation techniques designed to facilitate consensus and reduce discord.

Mediators cannot force the parties to agree or impose solutions on them. Mediation puts the parties in control of their destinies, as opposed to a judge deciding important issues for them. This control is a key benefit of mediation, as any agreement reached voluntarily is less likely to lead to anger, dissatisfaction, and resentment than a judge’s order that may leave one party feeling like they got the short end of the stick.

Cheaper, Quicker, Better

Control over your divorce and your future isn’t the only thing that makes mediation an attractive option for divorcing couples. Other major benefits include:

 

  • Reduced Cost. Litigation of any kind tends to be expensive and divorce litigation is no exception. Litigation is adversarial by nature, putting both sides in a defensive crouch, suspicious of the other’s motives and actions, and ready to attack if it is deemed advantageous. All of this costs money – lawyers filing motions, lengthy and repeated court appearances, extensive discovery and investigation. Even if the divorce settles before trial, as most divorces do, it doesn’t take long for the attorney’s fees to add up. Mediation allows the parties to eliminate these costs by skipping over trial preparation and the discovery process to focus on identifying important issues and working to resolve them immediately.

 

  • Less Time. There are more divorcing couples than there are judges, and the court only has so much time in one day. In divorce litigation, you are at the mercy of the court’s schedule. This means it might takes weeks or even months to hold a hearing on a single issue. With mediation, you are in control of the timetable. Additionally, resolving your divorce sooner rather than later results in less stress for the parties and any children involved.

 

  • Better Results. When people say that they “want to have their day in court,” what they are really saying is that they want to tell their side of the story and have someone really and thoughtfully listen to them and understand their concerns. Mediation gives both sides an opportunity to do just that in a way that litigation simply doesn’t allow, with rules of evidence and procedures limiting constructive dialogue and the voices of attorneys heard more often than those of the couple. Mediation allows for better understanding and a can lead to a feeling of catharsis that opens the door for better solutions.

 

To be sure, mediation is not right for all divorces, and not all mediation leads to agreement. But every couple that has been referred to mediation should act in good faith to attempt to resolve their differences through this constructive alternative to destructive litigation.

 

Alan Welch: Brunswick Divorce and Family Law Attorney

Although divorce is never easy, the legal process does not have to be hard. For over 20 years, I have represented clients during the most difficult times of their lives. If you are facing a divorce, I welcome the opportunity to provide you with affordable, effective representation so you can get through your divorce and get on with your life. Call my office today at (912) 265-9811 to talk about your case for free.

This article has been prepared by J. Alan Welch Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.

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