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Separation and Divorce |
Families are ever changing. Some changes involve temporary situations, such as marital separations. Other changes involve distinct breaks where one family divides into two new families. These transitions are rarely easy. Every divorce involves some portion of time "in court" because, in Georgia, only a judge may dissolve a marriage. How much time is spent in court, however, is something that divorcing couples can control. When couples choose to mediate or arbitrate the terms of their divorce, or to combine these two processes, they often can reduce the time spent in court and, potentially, the stress and legal fees associated with the divorce. Why? There are many reasons: - Mediation, Arbitration and Med-Arb are confidential processes and scheduled at your convenience - In these processes, spouses have a third-party who helps them reach resolutions on as many or as few issues as they want. - Through these processes, spouses can set themselves up for an uncontested divorce and avoid astronomical legal fees. - For separating parents, parenting plans can be made - whether temporary or ongoing arrangements - so that children have security and predictability in their worlds. |
70 Lenox Pointe, NE, Atlanta, Georgia 30324 - Phone 404-720-0599 - Fax 404-920-0401 - contact@onemediation.com |
In mediation, spouses have a facilitator (called a "Mediator") who assists them with making hard decisions about their future and negotiations surrounding those issues - whether relating to children, financial matters, or other issues. Mediators are not judges who "make the call," but rather help the parting spouses reach their own middle ground. Mediators help people "work it out" themselves, whether it is all of the issues or some of the issues. On the other hand, in arbitration, spouses have an arbitrator who serves as a judge to hear the evidence and issue a decision on the matter disputed. Often, arbitrators may work in conjunction with mediation by "making the call" on an issue that is holding up agreement between the spouses. The hybrid, Med-Arb, involves spouses first mediating the terms of their separation or divorce. What terms cannot be resolved in mediation are then submitted to an arbitrator to decide. Med-Arb is often favored by couples because they retain control over some decisions and are assured that all terms are resolved. In Med-Arb, the arbitrator incorporates the mediated agreement into the written arbitration Award. Couples may then file the arbitration award with a relevant court as an "uncontested divorce." One Mediation has created four programs for parting spouses: The Separation Program and The Divorce Program, the Arbitration Program, and the Med-Arb Program. The Separation Program, Divorce Program, and Med-Arb Program are two-step in nature and having attorney representation involved is optional. What makes these programs unique is the attention to preparation for Mediation. Click below for more information on them. |
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The Arbitration Program involves the submission of one or more issues related to a couple's separation or divorce to a panel of arbitrators. Each spouse selects an arbitrator to comprise the two-person panel. The panel will hold a hearing, somewhat like a mini-trial, and issue their decision. Generally, couples choose whether this arbitration will be binding or non-binding (see O.C.G.A. 19-9-1.1) before the arbitration is held. For more information, call One Mediation's offices at 404-720-0599. |