Mediation during a divorce generally follows the same structure as non-divorce mediation. The mediator will work with both spouses and help them reach a negotiated settlement. If a settlement is reached and the spouses enter into a mediated agreement, one side drafts formal settlement documents based on that agreement, which are then filed with the court.
Mediation can be especially helpful to divorcing parents. Unlike non-divorce civil cases, the parties in a divorce will remain connected through the rest of their lives by the fact that they are both parents to their children. They will need to continue to communicate effectively and work together to raise their children. Mediation can help the spouses adjust to the changes in their family and help them develop tools and strategies necessary for joint parenting.
Even though the mediator does not provide legal advice, it is important to obtain a mediator that has divorce training, knowledge, and experience. A mediator experienced in divorce will be able to spot issues and problems unique to family law that may otherwise be overlooked. While a great deal of flexibility is given to spouses to craft their own mediated agreement, that agreement cannot be contrary to Georgia divorce, child support, and child custody laws.