my attorny is telling me that mediation is required in ga. is there any way to get out of it if both sides agree they won't agree on anything?
Divorce / Separation Lawyer
Counties, and Judges within each County, differ but more and more, if not most, require mediation prior to a final hearing. Some Courts are even requiring mediation before a temporary hearing. If your attorney is indicating that mediation is required, I would recommend you follow his guidance. Also, even though it may seem like there is nothing you are able to agree on now, that may not be the case when it comes time for mediation. The other very very thing to keep in mind is that mediation is a way for you and your spouse to figure things out -- or at least some things (you can have a partial settlement) -- rather than letting a Judge decide for you. While it is hard to agree sometimes, many believe that it is still a better option than having a 3rd party who really doesn't know much about you or your life, ie the Judge, decide for you.
5 lawyers agree
Divorce / Separation Lawyer
Certain counties, including Fayette, require mediation.
Listen to your lawyer, and don't assume nothing will come of it. I am often amazed in my practice how many cases I though couldn't be mediated actually get settled at mediation, and even where they aren't fully settled, sometimes some of the issues are, simplifying trial.
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Family Law Attorney
I agree with the other attorney's. Mediation is required in Fayette County. Mediation is a time for you to give input as to how the marital estate is to be divided. This can be much more advantageous than a complete stranger deciding what is going to happen. You would be surprised how many people in same position as you end up resolving their case in mediation. Remember getting in front of the judge will be costly, and may require multiple trips to the courthouse.
My colleagues who have answered this question, and your own attorney, are all correct. I mediate almost every day, and most of my mediations begin with one, or both, parties saying, "This is hopeless" or "This will be a waste of time." Almost 9 out of 10 of those cases are resolved through mediation. Given the multiple issues and complexity of divorce cases, even if you do not resolve every issue at mediation, it is almost certain you will resolve some issues.
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