I Like the Idea of Divorce Mediation in Atlanta… But What About Potential Violence?

There is something undeniably secure about a courtroom, and this sense of security could be reassuring to many spouses navigating divorce in Atlanta. Although divorce trials may be intense, there is little chance of physical violence due to the unspoken authority of the judge and the presence of various court officials. Law enforcement officers also operate within courthouses in Atlanta. Divorce mediation offers many potential benefits… But is it really safe?

Divorce Mediation Can Be as Safe as a Divorce Trial

While some might find it more comforting to navigate a divorce in a courtroom, the truth is that mediation has the potential to be as safe as litigation. Before mediation, both parties have the freedom to choose the location and nature of negotiations. You may choose a venue for these negotiations that you feel comfortable with. This might be a private room in a crowded office building, with plenty of nearby witnesses and individuals who can step in the event of violence.

You might also choose to navigate these negotiations through video conferencing technology, a method that is becoming increasingly popular and common throughout the nation. With this option, you do not even need to be in the same location as your ex. You can negotiate with the assistance of a mediator from the comfort of your own home or any other location.

Another common choice is shuttle mediation. With this approach, each party remains in a separate room while the mediator “shuttles” back and forth. While this process might not be as fast or as effective as in-person negotiations, it might be the right choice for certain individuals. You can also speak with your divorce lawyer to learn more about various strategies that could make mediation safer.

Mediation Might Not Be the Best Choice for Unstable Individuals 

If you’re worried that your ex might become unstable or violent during mediated discussions, this process might not be the right choice for you. A tendency toward violence indicates mental instability, and negotiations require a calm, cooperative, and professional mindset. If you can’t envision your ex negotiating in good faith, then mediation may be a waste of time – and proceeding directly to litigation may make more sense.

Your Data Is Less Private During a Divorce Trial 

The concept of security involves much more than the immediate threat of physical violence. Although you might be protected by the courtroom setting during a divorce trial, these public legal proceedings make potentially sensitive data available to just about anyone. This may make it easier for certain parties to take advantage of you in various ways. Learn more about the lack of confidentiality during a divorce trial by speaking with a family law attorney.

Can a Divorce Mediation Lawyer in Atlanta Keep Me Safe? 

While a divorce mediation lawyer in Atlanta does not have the same kind of authority as a law enforcement officer, they can help you organize a mediation that feels secure. Options like shuttle mediation or video conferencing can make this process easier and safer. That said, litigation is always an option if you prefer to navigate this process in a courtroom. To discuss your options in more detail, feel free to contact Kaye, Lembeck, Hitt & French at your earliest convenience.

Sources:

 ncsc.contentdm.oclc.org/digital/api/collection/adr/id/10/download

assets.georgiacourts.gov/4/wp-content/uploads/2024/10/03170720/CSCJ-GSA-Georgia-Courthouse-Security-Standards-Rev-01-2018.pdf