Why Choose Mediation?

Divorcing couples often prefer mediation for several different reasons, including:

1. The parties are in control of resolving a case. A judge or jury is not telling parties what to do. Instead, the parties work toward a solution that they voluntarily agree to. Having the parties participate in creating their own solutions often leads to results that are better tailored to the parties’ goals compared to what a third party could possibly order.

2. Mediation is a less expensive alternative to litigation. The litigation process can be costly in terms of time, expenses, and stress placed on the participants. Mediation offers an opportunity for parties to resolve their matters prior to incurring these often significant costs.

3. In nearly all cases, the mediation process is confidential. The mediator cannot be called as a witness to testify about the offers discussed during mediation. In addition, any offers proposed during mediation cannot be introduced in a trial to indicate wrongdoing on the part of any of the participants. This confidential nature of mediation allows the parties to be more candid in exploring resolution.

The Role of a Mediator

So what exactly does a mediator do? 

For many people, to understand what a mediator does, it is best to understand three things that a mediator does not do:

  • A mediator does not make decisions for the parties or issue any orders that bind the parties. It is the parties’ responsibility to come to an agreement.
  • A mediator does not take sides during mediation. This means that the mediator does not have an interest in having one party achieve a better result than the other party involved in mediation.
  • A mediator does not give legal advice.

What a mediator does do is to work with parties to clarify the issues and then help them reach mutually agreed-upon solutions. Typically, a mediator achieves this through conversations with the parties regarding their goals, concerns, circumstances, and motivations. By assisting in clarifying these issues, a mediator is able to identify common ground between parties and move them toward a resolution.

Discuss Whether Mediation Is Right For You

Call us at (770) 574-6688 or contact us online to speak with our experienced Cumming divorce mediators and learn about our mediation services.

Miles Hansford, LLC

  • Kevin J. McDonough Photo
    Kevin J. McDonough
    Attorney & Partner
    Kevin McDonough, a Partner at Miles Hansford, LLC, focuses his practice on three areas of law: Family Law, Business Law, and Wills and Estates. He works closely with his clients to help identify the goals that are most important to them and then applies a ...
  • Dana B. Miles Photo
    Dana B. Miles
    Retired, Of Counsel
    Dana B. Miles, a founding partner of Miles Hansford, LLC, has practiced law in Forsyth and Dawson counties for over 30 years. He specializes in general corporate and business litigation with a significant emphasis on local government law. The firm serves ...
  • Deborah Anice  Pittman Photo
    Deborah Anice Pittman
    Attorney & Partner
    Deborah Anice Pittman joined Miles Hansford, LLC in 2016 and is now a Partner in the firm. Her primary practice areas are family law and criminal defense; however, she also handles general civil litigation matters and is a certified civil and family law ...
Miles Hansford, LLC Miles Hansford, LLC
I have worked with many attorneys in my past 38 years in governmental management and have never worked with a more knowledgeable individual than Kevin.

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