Mediation Could Be Your Best Option
Divorce mediation is the process where parties in a dispute engage a trained, neutral third party, the mediator, to assist in resolving the dispute. For many couples in Georgia, divorce mediation is a popular alternative to litigation. The attorneys at Miles Hansford & Tallant, LLC, are experienced with helping to resolve divorce cases and assisting clients who wish to avoid litigation if possible. Divorcing couples often prefer mediation for several different reasons, including:
1. The parties are in control of resolving a case. A judge or jury is not telling parties what to do. Instead, the parties work toward a solution that they voluntarily agree to. Having the parties participate in creating their own solutions often leads to results that are better tailored to the parties’ goals compared to what a third party could possibly order.
2. Mediation is a less expensive alternative to litigation. The litigation process can be costly in terms of time, expenses and stress placed on the participants. Mediation offers an opportunity for parties to resolve their matters prior to incurring these often significant costs.
3. In nearly all cases, the mediation process is confidential. The mediator cannot be called as a witness to testify about the offers discussed during mediation. In addition, any offers proposed during mediation cannot be introduced in a trial to indicate wrongdoing on the part of any of the participants. This confidential nature of mediation allows the parties to be more candid in exploring resolution.
The Role Of A Mediator
So what exactly does a mediator do? For many people, to understand what a mediator does, it is best to understand three things that a mediator does not do.
- A mediator does not make decisions for the parties or issue any orders that bind the parties. It is the parties’ responsibility to come to an agreement.
- A mediator does not take sides during mediation. This means that the mediator does not have an interest in having one party achieve a better result than the other party involved in mediation.
- A mediator does not give legal advice.
What a mediator does do is to work with parties to clarify the issues and then help them reach mutually agreed-upon solutions. Typically, a mediator achieves this through conversations with the parties regarding their goals, concerns, circumstances and motivations. By assisting in clarifying these issues, a mediator is able to identify common ground between parties and move them toward a resolution.