Georgia Divorce Mediation Versus Traditional Divorce: Which Is Right for You?

Going through a divorce is never easy, but choosing the right process can make a significant difference in your experience, costs, and outcomes. If you're considering divorce in Georgia, you have two primary paths: traditional litigation or mediation. Each approach has distinct advantages and drawbacks that could impact your family's future.

What Is Divorce Mediation?

Divorce mediation is a collaborative process where you and your spouse work with a neutral third party (the mediator) to resolve your divorce issues outside of court. The mediator helps facilitate discussions about property division, child custody, alimony, and other important matters.

In Georgia, mediation is governed by the Georgia Alternative Dispute Resolution Rules and can be either voluntary or court-ordered. Many counties in Georgia now require mediation before allowing cases to proceed to trial.

What Is Traditional Divorce?

Traditional divorce, also called litigation, follows the conventional court process. Each spouse typically hires their own attorney, and a judge makes final decisions about contested issues. This process involves formal court proceedings, discovery, depositions, and potentially a trial.

Under Georgia Code section 19-5-3, Georgia allows both fault and no-fault divorce grounds, giving couples options for how they approach the legal process. Fault divorce involves specifying wrongdoing by one party, such as adultery or desertion. Meanwhile, in a no-fault divorce, the spouses simply claim that their marriage is “irretrievably broken.”

Key Differences Between Mediation and Traditional Divorce

Cost Comparison

The financial difference between these two approaches can be substantial. The average cost of divorce mediation ranges from $3,000 to $8,000 per case (and spouses can split that cost). On the other hand, traditional divorce litigation averages $12,000 and $25,000, with potential to go higher depending on complexity.

Traditional divorce costs typically include:

• Attorney fees for both spouses
• Court filing fees
• Discovery costs
• Expert witness fees
• Deposition expenses.

Mediation costs usually cover:

• Mediator fees (typically split between spouses)
• Minimal attorney consultation
• Court filing fees for final paperwork.

Time to Resolution

Mediation generally resolves much faster than litigation. Mediation cases in Georgia can be resolved in weeks, as opposed to litigation which can stretch out over months or even years.

Georgia law requires a 31-day waiting period after filing for divorce before it can be finalized, regardless of which process you choose. However, mediation often allows couples to reach agreements well within this timeframe.

Privacy and Confidentiality

One major advantage of mediation is privacy. Mediation sessions are confidential, and agreements reached during mediation don't become part of the public record until filed with the court. Traditional divorce proceedings, however, are generally public record in Georgia.

Under Georgia Code section 9-17-3, mediation communications are privileged and generally cannot be used as evidence in court if mediation fails.

Control Over Outcomes

Mediation gives you and your spouse more control over the final agreement. Instead of having a judge decide your family's future, you work together to create solutions that work for your unique situation.

In traditional divorce, the judge makes final decisions based on Georgia law and their interpretation of what's in your family's best interests. While this provides certainty, it may not reflect your personal preferences or priorities.

When Mediation Works Best

Mediation tends to be most successful when:

• Both spouses are willing to communicate respectfully
• There's no history of domestic violence or abuse
• Neither spouse is hiding assets
• Both parties want to minimize conflict for their children
• You both prefer privacy over public court proceedings
• Cost is a significant concern.

Sharon Jackson has successfully guided hundreds of Georgia families through the mediation process, helping them achieve fair resolutions while preserving relationships and protecting children from unnecessary conflict.

When Traditional Divorce May Be Necessary

Some situations require the formal court process:

• One spouse refuses to negotiate in good faith.
• There's a significant power imbalance between spouses.
• Domestic violence or abuse is present.
• Complex asset valuation is needed.
• One spouse is hiding income or assets.
• Child safety concerns exist.

Attorney Sharon Jackson's extensive litigation experience ensures she can effectively advocate for your rights in court when mediation isn't appropriate.

Impact on Children

Several sources discuss long-term outcomes of mediation versus litigation, with some evidence showing that mediation can lead to more flexible and cooperative parenting arrangements. A 12-year study also found that parents are more compliant with child visitation and support agreements after they mediated their divorce.

Georgia courts prioritize the best interests of children in custody decisions under Georgia Code section 19-9-3. Mediation often results in more creative, child-focused parenting plans that work better for families than standard court orders.

The Mediation Process in Georgia

If you choose mediation, here's what to expect:

1. Initial consultation: Meet with a qualified mediator to discuss the process.
2. Information gathering: Both spouses provide financial documents and other relevant information.
3. Mediation sessions: The process typically takes two to six sessions, each lasting two to four hours.
4. Agreement drafting: Create a written settlement agreement.
5. Court filing: Submit the agreement to the court for approval.

Georgia requires mediators to complete specific training and certification through programs approved by the Georgia Office of Dispute Resolution.

Choose the Right Attorney for Your Georgia Divorce. Call Sharon Jackson.

Whether you choose mediation or traditional divorce, having the right legal representation is crucial. Sharon Jackson brings almost 20 years of experience in both mediation and litigation, giving her unique insight into which approach best serves each client's needs.

As a top-rated divorce and family law attorney in Georgia, Sharon Jackson understands that every family's situation is different. She takes time to understand your specific circumstances, goals, and concerns before recommending the best path forward.

Don't navigate this important decision alone. Contact Sharon Jackson today at (678) 909-4100 to schedule a consultation and learn more about your options.