Navigating Divorce Outside the Courtroom: Mediation and Arbitration in Georgia Family Law Cases
Divorce and family law disputes can be emotionally draining and financially burdensome, especially when handled through traditional litigation. Fortunately, Georgia families have alternatives that can offer more privacy, efficiency, and control over the process. At Resurgens Legal Counsel, we often help clients explore two increasingly popular options: mediation and arbitration.
These alternative dispute resolution (ADR) methods can be especially effective in resolving not only divorces but also custody, child support, alimony, and property division matters. Here’s what Georgia families should know.
Mediation: A Collaborative Path Forward
Mediation is a non-adversarial process where the parties work with a neutral third-party mediator to reach a voluntary agreement. Unlike a judge, the mediator doesn't issue orders but facilitates productive conversation, helps clarify issues, and encourages mutual compromise.
In Georgia, mediation is often court-ordered in domestic cases, particularly when child custody or parenting time is in dispute. Most courts will require the parties mediate before a trial will be scheduled in contested litigation cases. However, parties can also voluntarily choose mediation before or during litigation.
Benefits of Mediation:
Confidentiality: Mediation sessions are private and not part of the public court record.
Control: Parties maintain control over the outcome rather than placing the decision in a judge’s hands.
Cost-Effective: Typically far less expensive than protracted litigation.
Faster Resolution: Mediation can lead to quicker settlements, often in a single day or a few sessions.
Preserves Relationships: Especially helpful when parties need to co-parent post-divorce.
While attorneys don’t have to attend mediation, having legal counsel can be beneficial—both to prepare in advance and to review any proposed agreement before it’s finalized. Without counsel, it can be easy for an unrepresented party to leave parts out of a settlement agreement that may be important later.
Arbitration: A Private Judge for Family Disputes
Arbitration is a more formal process where a neutral third party—called an arbitrator—acts similarly to a judge. The key difference from mediation is that the arbitrator issues a binding decision, which may be final and enforceable in court, depending on the parties’ agreement.
Under Georgia law, parties can agree to arbitrate family law disputes, including matters of property division, alimony, and even child support, although custody and visitation may require judicial review to ensure they serve the child’s best interests.
Benefits of Arbitration:
Privacy: Proceedings are private and held outside the courtroom.
Expertise: Parties can choose an arbitrator with specific experience in family law.
Flexibility: The parties set the rules for procedure, timing, and format.
Efficiency: Arbitration typically moves faster than court proceedings.
Arbitration is especially attractive for high-asset divorces, business-owning spouses, or those who want to avoid the unpredictability of the courtroom.
Is ADR Right for You?
While mediation and arbitration aren’t right for every case—particularly those involving domestic violence or deep power imbalances—they offer a constructive alternative for many. At Resurgens Legal Counsel, we help clients evaluate their options and pursue the path best suited to their goals.
If you’re facing a divorce or family law dispute and want to explore resolving it outside of court, we’re here to help you navigate that process with clarity and confidence. Ready to talk about your options? Schedule a consultation with us to learn whether mediation or arbitration could be the right fit for your family law matter.