Currently, there are 96 counties in Georgia that utilize some type of publicly sponsored Alternative Dispute Resolution program and many of these counties now require a "good faith" effort by divorcing couples to come to an agreement through the process of mediation. This does not mean that the couples are forced to agree. They are simply asked to attempt to find their own solution before the case is presented to a judge.
Why mediation? The courts have decided to place an emphasis on providing couples the opportunity to craft their own agreement, rather than asking judges because conventional wisdom holds that individuals who were part of crafting their own agreement are more likely to follow its conditions.
Who are the mediators? To be registered as a Domestic Mediator, applicants must have the following: a B.A. or B.S., prior General/Civil Mediation training, the successful completion of an approved Domestic Mediation training program, and practical experience observing and co-mediating actual disputes. Furthermore, it has also become highly recommended that divorce mediators participate in an in-depth Domestic Violence educational workshop.
Private Mediation v. Court-Referred
There are two paths to mediation in Georgia. The first, 'Private Mediation,' hiring a mediator before a dispute is filed with the courts. Any agreement created during this process becomes legally binding with the parties' signatures. If the agreement is broken, the document can be treated as a broken contract in civil court.
The second approach in Georgia is called 'Court-Referred Mediation.' This process is implemented after the conflict has entered the court system. Depending on the situation, parties may or may not have legal representation. As with 'Private Mediation,' agreements reached become legally binding and case dismissals are often contingent upon the satisfactiion of the contract terms.
