This question is in regards to a finalization of a child custody battle. Parent A has shown no improvement and has also signed rights away of a previous child (whom has been in foster care sense birth) Therefore Parent B has been told by their attorney that Mediation is necessary due to the fact Parent A does not have an attorney. Is this true, if so why?
Most counties and Superior Courts in Georgia require mediation in all Georgia divorce and Georgia child custody cases before the case can go to trial. Mediation is a form of alternative dispute resolution which the judges want the parties to use because it may result in settlement of the issues and the judge will then not have to hear the case.
You may have misunderstood what the lawyer told you. Whether mediation is necessary or not is not dependent on whether a party has an attorney. Your attorney may believe that unrepresented Parent A may need to hear the input from the mediator in helping to evaluate their position in the case.
While many mediators are true neutrals in that they offer no insights on what they expect the judge in the case to do, others are more evaluative and offer those sorts of questions or comments designed to force a side to look more objectively at their case and to see the weak points, causing them to be more likely to compromise. Mediators are not allowed to give legal advice, but if they are lawyers, they may raise such questions to get the parties to think more toward working together to find a solution they can both agree upon rather than letting a stranger determine such personal and important issues as custody of their child.
For more info on mediation in Georgia divorce cases and Georgia family law cases, see my Georgia Family Law Blog at http://www.gafamilylawblog.com/mediation/
Mr. Worral is right on target.
Courts frequently order parents to mediation in order to resolve their issues because parents often will be able to make the best decisions for their children over a judge who is a complete stranger to the situation. Also, when parents reach agreements that the court approves, there are some positive effects. The court and the parties avoid a trial or hearing, the legal expenses are usually decreased, and the likelihood that the agreement reflects something that everyone can live with and be somewhat satisfied with increases.
www.OneMediation.com has a strong panel of mediators who can assist you in your matter. Also, Terri Brown in Woodstock is a strong mediator in family matters.
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