In nearly every domestic case filing, mediation is a required step towards resolving a case. Many counties, including Cobb County, require that mediation occurs before the Court will set a final hearing. This requirement applies to domestic cases ranging from simple divorce with no children to a complicated, contested modification of child custody.
Mediation itself is a process where the parties involved are able to negotiate the issues of a domestic case with each of their respective attorneys before a mediator. A mediator acts as a third-party neutral and is most often a practicing attorney. The choice of who the mediator will be is often agreed upon by the parties’ respective counsel, but in some counties, the Alternate Dispute Resolution Office (the office that manages whether the parties have completed the requirement of mediation, if required in that county) selects the mediator as a way to reduce the costs of mediation for the parties. The mediator’s time is also billed in addition to the time billed by the parties’ counsel, but it is typically split among the parties so that neither party solely has to be responsible for the entirety of the bill.
Settling at mediation has an array of benefits that can be a positive strategic outcome for one’s case. For example, mediation is a much less formal process than presenting your case in front of a judge; the mediator typically adopts a style where he or she is focused on the case history and the facts leading up to the case. Evidence is more easily presented at mediation because the parties and their counsel can more easily offer the evidence to the mediator. In addition, mediation allows for a more tailor-made settlement agreement; the parties are allowed to negotiate for hours to ensure that the language in a divorce settlement and/or parenting plan is in such an arrangement that works for their goals and family lifestyles.
If a case does not settle at mediation, then the parties must attend a final hearing. In my experience, settling a case is often my preferred method for resolving a case; there’s more stability in what a client can expect, and the client can request adjustments to an agreement that may get overlooked at a hearing. Furthermore, there is a great cost advantage to settling at mediation. Once both parties sign a settlement agreement, typically all that remains is filing the final pleadings such as a Final Divorce Decree or simply submitting the Final Parenting Plan to the Court. This avoids the tremendous cost of trying a case before a judge, who may or may not agree with my client’s requests for specific alterations to a divorce decree or parenting plan. However, I would never advise my client to settle for a deal at mediation that would be an outcome worse than his or her day in court.
Therefore, settling at mediation can be an advantageous outcome for a client even if he or she is not able to get 100% of the terms that they had requested at the opening of the case. It can mean that they will be able to spend holidays with their children on a set schedule instead of living in limbo for an indefinite period of time before the final hearing. It can even save them thousands of dollars by avoiding future litigation. Overall, mediation is an excellent tool required in many counties that can help clients resolve their case, avoids unnecessary conflict, bills, and the uncertainty of a pending case.