What Kind of Agreements Should I Sign Before Divorce Mediation in Georgia?
Before engaging in divorce mediation, you may need to sign various agreements. Although divorce mediation in Atlanta is a less formal process compared to a trial, it still involves certain rules and guidelines. Spouses must agree to follow these rules before they start negotiating with each other and you might hesitate to provide your consent until you learn more.
Why Do I Need to Sign an Agreement Before Starting Divorce Mediation?
Many spouses might wonder why they need to sign an agreement before starting divorce mediation. After all, the entire point of this process is to create a divorce agreement after negotiations conclude.
The reason for this is simple: Mediation requires both parties’ consent before it begins. If one spouse does not want to attempt mediation, they may refuse to participate. The success of this process depends on mutual collaboration and cooperation.
If you do not feel comfortable with signing something prior to the mediation process, speak with your lawyer. Your family law attorney can explain these preliminary agreements in more detail.
You Will Likely Sign a Confidentiality Agreement
Most spouses agree to keep the details of divorce mediation confidential before engaging in negotiations. This is an important aspect of the overall process, and many spouses choose mediation specifically because of its privacy. You might need to discuss sensitive or embarrassing details during this process, and spouses should feel confident that these details will remain behind closed doors.
You May Need to Agree to Negotiate in Good Faith
Another common preliminary agreement before mediation involves “good faith.” This essentially means that both spouses will promise that they genuinely want to resolve their disputes without going to court. When spouses agree to this condition, they vow to make a real effort to collaborate and cooperate with one other. This may involve compromise, flexibility, and mutual understanding.
This condition is important because many spouses intentionally waste time during mediation, often using these negotiations as a stalling tactic. Others simply want to cause as much stress and frustration as possible by unnecessarily extending the divorce process. Whatever the case may be, an agreement to negotiate in good faith holds spouses accountable for this misconduct.
Be Aware of Potential Financial Penalties
When reading these agreements, be wary of potential financial penalties for violations. If you violate these conditions, you could be fined a certain amount of money. If these conditions lack effective penalties, your spouse may be encouraged to commit various acts of misconduct during the negotiation process.
Can a Divorce Mediation Lawyer in Atlanta Help?
If you face various agreements and contracts before you begin divorce mediation in Atlanta, consider speaking with an experienced Atlanta divorce lawyer. You should check with your lawyer before you sign anything, as it is all too easy to make agreements that go against your best interests. As you approach divorce mediation, consider a consultation with Kaye, Lembeck, Hitt & French. Reach out today to get started.
Sources:
eeoc.gov/federal-sector/agreement-mediate-1
dfw.feb.gov/wp-content/uploads/2017/05/ADR_AgreementToMediate.pdf
