How to Navigate Divorce Mediation in Atlanta After an Affair

Although alternative dispute resolution (ADR) can be an effective strategy when resolving a divorce, it can also be quite uncomfortable in certain situations. If your marriage is ending because of an affair, you may question whether mediation is even possible. Whether you were unfaithful or your spouse had an affair, the emotions surrounding the breakdown of the marriage can make productive discussions seem impossible. Whatever the case may be, you may need to approach divorce mediation in Atlanta differently.

Is Mediation Even Possible? 

Feelings of anger, betrayal, and resentment are common after alleged affairs, and you may wonder whether mediation is even possible. How can you possibly sit together in the same room and discuss the details of your divorce after what has happened? With emotions running high, these negotiations might seem unthinkable.

It is important to understand that an in-person mediation may not be viable if there is a history of domestic violence, intimidation, coercive control, or concerns about either party’s safety. Your safety is important, and you should not put yourself in a dangerous situation simply because you want to resolve your divorce quickly.

However, you should know that mediation is theoretically still possible in this scenario.

Consider Shuttle Mediation or Virtual Mediation

If meeting face-to-face feels too uncomfortable or emotionally charged, you may not have to do so. Many mediators offer shuttle mediation, a specific type of ADR in which the spouses remain in separate rooms while the mediator moves between them to facilitate negotiations. . Although this method can be more tedious and time-consuming, reduce conflict, encourage more productive discussions, and allow each party to negotiate without the stress of direct confrontation.

Virtual mediation is another option. With modern videoconferencing technology, spouses can negotiate from separate locations while still benefiting from the guidance of a neutral mediator. For some couples, this format provides a more comfortable environment and allows negotiations to proceed with fewer safety risks. . That said, some believe that it is easier to read body language and pick up on non-verbal cues during face-to-face negotiations.

Using Adultery as Leverage During Negotiations

Assuming you manage to begin divorce mediation, allegations of adultery may become a form of leverage. This could either be advantageous or detrimental, depending on your circumstances. If you were the “victim” of adultery, you could use this information as leverage against your former spouse. They may be willing to make certain concessions in order to keep details of the affair from a public courtroom. However, your ex could use the same type of leverage against you if you were unfaithful during the marriage.

Although adultery may be legally relevant in certain aspects of a Georgia divorce, attempting to use an affair primarily as a negotiating tactic often makes settlement more difficult and can increase conflict. A productive mediation focuses on reaching practical solutions that allow both parties to move forward.

Can a Divorce Mediation Lawyer in Atlanta Help Me?

Although navigating ADR after an affair can be emotionally challenging, it is still entirely possible to reach a fair and lasting resolution. An experienced Family Law Attorney in Atlanta can help you approach this process in a more nuanced and mindful way while avoiding emotional complications and safety risks. For further guidance, contact Kaye, Lembeck, Hitt & French today.

Source: 

godr.org/wp-content/uploads/2023/09/ADR-Rules-Complete-Rules-Appendices_9.7.2023.pdf