logo logo

770-609-1247 | Divorce and Family Law Mediation Lawyers and Attorneys

Divorce Family Bankruptcy Business Estates Wills Trusts Immigration Lawyers Attorneys Georgia

Coleman Legal Group, LLC

Phone: 770-609-1247

Mediation

Mediation is a process by which a third party neutral (a “mediator”) attempts to facilitate discussions between parties in order to help them best come to a solution to their disagreements. The mediator does not decide any issues in the case. Rather, the mediator listens to both parties (together or separately) and tries to guide negotiations to a solution that both parties will ultimately accept. The parties maintain control over this process and are free to reject any offers from the other party at any time. Because the parties are crafting their own solutions to their disputes, often the parties to this process find it a useful process to resolving their disputes.

What is Mediation?

Mediation is a confidential and informal negotiation process in which an impartial third party, a mediator, facilitates settlement discussions between disputing parties. Any settlement is voluntary.

Unlike a judge in a trial, or an arbitrator in arbitration, the mediator does not impose a decision upon the parties. In a mediation, the parties themselves decide whether or how to settle the dispute.

What is the role of a Mediator?

The role of a mediator is to maintain their neutrality and to use their training and skills to assist parties in exploring their concerns, identifying areas that must reach resolution and creatively exploring a wide array of possible solutions to the disputed issues. The mediator attempts to focus the attention of the parties upon their needs and interests rather than upon rights and positions.

Despite the mediator’s professional background, he/she may not provide counseling, legal advice or legal representation, and again, they do not have the authority to impose decisions.

Is Mediation Confidential?

Mediation is a confidential process by law and by agreement. In mediation, the parties will sign an agreement to mediate that includes provisions governing confidentiality.

According to the Georgia Supreme Court Alternative Dispute Resolution (ADR) rules, any statement made during mediation or as port of intake by program staff in preparation for mediation is confidential and is not subject to disclosure by the mediator or program staff, and may not be used as evidence in any subsequent administrative or judicial proceeding.

However, if parties reach a settlement agreement in mediation, the written and executed agreement or memorandum of agreement is not subject to confidentiality, unless all parties to the proceeding agree so in writing.

Confidentiality in mediation of divorce and family law cases does not include:

(1) mediators and program staff reporting whether or not the parties appeared for mediation;

(2) threats of imminent violence to self or others; or

(3) if, the mediator believes that a child is abused or that the safety of any party or third person is in danger

Another exception to confidentiality is that a mediator or the ADR program may disclose information needed to defend their actions if a complaint is filed against them. However, only documents or communications relevant to such claim or complaint may be revealed only to the extent necessary, to protect the neutral or ADR program.

How Long Does Mediation Take?

The time required for mediation depends on the nature of the dispute and the number of parties involved. A typical mediation session lasts four (4) to eight (8) hours. However, our office has presided over meditations that lasted twelve (12) hours – but finally did settle.

But it is important to note:  Mediation can be scheduled and completed much sooner than it would take to complete a trial.

Is Mediation Binding?

If the parties reach a settlement agreement in mediation, the written and executed agreement or memorandum of agreement may in fact become binding. Parties should understand that signing a settlement agreement can have a significant effect upon their rights and upon the status of their case. However, reaching and signing an acceptable settlement agreement to the dispute is strictly voluntary.

If after going through the mediation process the parties are unable to reach a settlement agreement, the case will proceed in a regular fashion through the court process.

What Are the Benefits of Mediation?

(1) Mediation can lower the intensity or level of conflict enabling parties to better communicate and explore options that would resolve their dispute.

(2) Mediation empowers parties to reach their own decisions versus having outcomes determined by others, such as a judge.

(3) Mediation recognizes that all parties have legitimate needs and helps develop alternatives to meeting those needs.

(4) Mediation is typically less time consuming, less expensive and allows for greater privacy than going to court.

(5) Mediation can set the stage for future cooperative problem solving between parties where there is a need for an ongoing relationship.

How Should You Prepare for Mediation?

Each participant should come to mediation prepared to present and discuss a variety of ways to resolve the dispute to their satisfaction. If the parties are stuck on only one solution to the dispute, it will be more difficult to reach a resolution.  Each participant should also have a detailed checklist of items they want to resolve at the mediation so that no issue is overlooked and not settled.

For mediation to be successful, parties should come prepared to provide open and honest communication and statements, including providing each party with all information relevant to resolving the dispute.

Who Pays for Mediation?

Usually the parties split the hourly fee of a mediator equally which varies from one hundred fifty dollars ($150) per hour to three hundred fifty dollars ($350) per hour.

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)

captcha

Input the code above.

I have read the Disclaimer

Main Office, Alpharetta, Georgia:  5755 North Point Parkway, Suite 52, Alpharetta, GA 30022

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Privacy Policy | Site Map

 

Annulment in Georgia – Frequently Asked Questions

Posted by on Sep 9, 2017 in Divorce, Family Law | 0 comments

Annulment in Georgia – Frequently Asked Questions

Annulment of a marriage in the state of Georgia are generally rare and the court is generally maintains a hesitant attitude in processing an annulment of marriage in lieu of an uncontested divorce or contested divorce. An annulment differs from divorce in that it declares the marriage an invalid act from the inception of the act, whereas, a divorce recognizes the marriage and operates to divide the legal union. The following are a list of circumstances in which an annulment may be granted: The parties are related by blood or marriage. A party...

read more

Can my spouse and I use the same attorney for our divorce?

Posted by on May 18, 2017 in Divorce | 0 comments

Can my spouse and I use the same attorney for our divorce?

In an effort to save money, couples often wonder whether they can use one attorney in their divorce proceedings. In many cases, this is unwise, and each party should have proper representation in order to protect their rights. A lawyer that agrees to serve both parties is inevitably facing a conflict of interest and thus an ethical issue. There are, however, some isolated cases in which one party having their own attorney and the other party going unrepresented may be acceptable. Mediation If you and your partner are seeking mediation, you...

read more

Divorce and Eligibility for Social Security Benefits

Posted by on Apr 20, 2017 in Divorce | 0 comments

Divorce and Eligibility for Social Security Benefits

If you are in the process of obtaining a divorce, then you may be wondering if you will be eligible to receive Social Security benefits. Even though women today are sole breadwinners for the family, women generally are seen to earn less income than men. Due to the economic disparities between husband and wife, husbands often receive higher social security benefits than wives do. But how does this play out in an event of divorce? Does Social Security Benefits count as a marital asset? You may be asking all these questions to yourself....

read more

Prenuptial Agreements: Making Divorce Easier

Posted by on Aug 31, 2016 in Divorce | 0 comments

Prenuptial Agreements: Making Divorce Easier

Most people that have been through a difficult divorce will recommend a prenuptial agreement (also referred to as a premarital agreement). No one gets married planning for it to end in divorce; but sometimes even the happiest marriages in the beginning do not always last. Getting married, but concerned about your future after the marriage? Uncertainty about divorce, alimony, assets and debts can be avoided by having a Prenuptial Agreement is in place before the marriage. What Is a Prenuptial Agreement? A Prenuptial Agreement is a contractual...

read more

Pre- and Postnuptial Agreements in Georgia

Posted by on May 14, 2016 in Divorce | 0 comments

Pre- and Postnuptial Agreements in Georgia

Should I have a prenup? A prenuptial agreement, commonly referred to as a “prenup”, is an agreement that is entered into before a marriage in which the parties agree on how the marital property will be divided in the event of a divorce. Prenuptial agreements have the potential to negatively impact a relationship because the prenup is generally never going to be to the benefit of the lesser party. However, there are some common situations that warrant a prenuptial agreement. These include situations in which: One party is a business owner One...

read more

Child Support in Georgia

Posted by on Mar 17, 2016 in Divorce, Family Law | 0 comments

Child Support in Georgia

The Georgia Child Support Commission issues the guidelines regarding child support. The guidelines at codified in O.C.G.A. § 19-6-53. The State of Georgia resolves the issue of child support by using an “income shares” model. This means both parents’ incomes are used to determine child support. The state guidelines mandate the universal use of a child support worksheet to input the income of both parents in order to determine the appropriate amount of child support. The worksheet generates an amount based on income and expenses paid towards...

read more

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

Posted by on Jan 7, 2016 in Bankruptcy, Divorce, Family Law | 0 comments

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

How Will My Spouse’s Bankruptcy Affect My Divorce? If your spouse files for bankruptcy in the middle of your divorce case, then your divorce case is usually “stayed” or temporarily stopped by the bankruptcy court. The bankruptcy court does this because the assets and joint marital property then become part of the bankruptcy proceeding. This means that once a bankruptcy is filed it will temporarily prevent the property from being divided during the divorce. Therefore the bankruptcy will stop all collection activities and the disposition...

read more

Divorce – Service by Publication

Posted by on Oct 29, 2015 in Divorce | 0 comments

Divorce – Service by Publication

What do I do if I want to get a Georgia divorce but I cannot find my spouse?   The answer is  Service by Publication.  When one spouse wants to call it quits but cannot find his or her missing partner, or when he or she is hiding, divorce by publication comes into play. Divorce by publication happens only after a judge has been convinced, based on a sworn declaration, of the serving party’s inability to find the other spouse after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has...

read more

Child Custody Basics in Georgia

Posted by on Oct 27, 2015 in Divorce, Family Law | 0 comments

Child Custody Basics in Georgia

In Georgia divorce and family law cases, there are two types of custody: legal custody and physical custody. In almost all cases both of the custody types are shared between the parents.  However, some child custody cases do involve grandparents, uncles, aunts and non-family members depending on the circumstances. In this discussion, we will mostly discuss issues that affect parents in child custody cases. Typically, the parents are awarded joint legal custody, which means that the parents must share in all of the decision making in regards...

read more

Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

read more
bottom