Resolving Conflict
Conflict is like a jigsaw puzzle. Like the individual pieces of the puzzle, the issues are often obscure and hard to find. As we try to resolve the problem the issues in the conflict may be moved or reshaped by changing circumstances. This makes solving the puzzle even harder. Sometimes, no matter how hard we try, we just can’t seem to fit the pieces together to form an equitable solution. That is where the assistance of a specially trained neutral third party mediator may be helpful.

The Mediation Process
Mediation is an informal discussion of the issues in dispute led by a neutral mediator who is trained to help reach a wise agreement that satisfies the interests of all parties. The mediator first meets with all parties and gives each of them a chance to fully explain the problem as they see it. Then each party meets separately with the mediator in a confidential caucus to further explore the issues and discuss settlement options. Once the framework of a possible agreement emerges, the parties discuss it and the mediator writes a plain-language memorandum of understanding that all parties sign.
 

Mediation differs from arbitration in that the parties themselves make the final decision with the help of the mediator, rather than the arbitrator making the decision for them.
 

In domestic mediations the issues usually fall into several broad categories.  Parenting issues include deciding how much time children will spend with each parent regularly and during holidays, and how important decisions such as education and health care can be made by the parents working together.  Child Support is calculated using the official Georgia guidelines with permissible deviations, taking into consideration flexible ways that both parents can contribute to the children's care.  Asset and Liability Division  includes questions about disposition of the marital residence, handling of retirement accounts and payment of marital debts. Support of Spouse questions involve whether one spouse needs ongoing monthly support from the income of the other spouse on either a temporary or permanent basis.  Support questions arise when there has been a long marriage during which one spouse hasn't worked outside the home and is either disabled or needs support in order to re-train for entry into the workforce.

Mediation Agreement
The goal of mediation is to reach a comprehensive agreement covering all of the relevant issues.  The mediator drafts the agreement with the parties' assistance.  If children are involved, the agreement includes a detailed parenting plan and a child support calculation based on the Georgia child support guidelines.  Before the agreement becomes binding, each party has a period of time to review it with his or her own attorney and advisor and to either renegotiate any particular parts that are of concern or, if necessary, avoid the entire agreement.
 

There is no guarantee that mediation will result in a full agreement on every issue.  That final decision is up to the parties.  If agreement cannot be reached on all issues, then all of the issues will at least be identified and some issues can be reserved for either later agreement or resolution by a court.  In those cases the expense and trauma of litigation can be substantially reduced because the issues being litigated are limited.  The great majority of cases result in an agreement, but even when no  formal agreement can be reached there is a significant benefit to both parties because they understand the issues better and know where each other stands.
 

If a couple desires a legal divorce the mediated agreement can be presented to the court for approval with a request for an uncontested divorce.  Although formal legal proceedings may be required to obtain that,  the case can be uncontested because the couple has already agreed on all of the issues.  That means that the proceedings are quicker and much less expensive.  In many cases it is no longer necessary for either party to appear before a judge.  If no immediate divorce is desired, the couple can use the mediated agreement as a legally enforceable guide to determine how they are going to conduct themselves and meet their financial obligations to each other when they can't otherwise agree--something that can be extremely valuable in a restructured family spread between two households.