Is mediation required in Georgia divorce cases?

In practice, yes for most contested cases. Courts in Fulton , Gwinnett , and Forsyth County routinely order mediation before scheduling trial. Georgia law authorizes this under O.C.G.A. § 19-5-1 and local court rules. Exceptions exist for cases involving documented domestic violence, where the court can waive the mediation requirement.

Is mediation cheaper than going to court?

Significantly. Mediation typically costs Starting at $500 per party for mediator fees (mediator fee plus attorney preparation). Trial costs $15,000 to $50,000+ per party in attorney fees alone, plus expert witnesses, depositions, and court costs. Even if mediation fails and you proceed to trial, the mediation investment is a small fraction of total litigation costs and may resolve some issues that reduce the trial

What happens at divorce mediation in Georgia?

The mediator (a neutral professional) facilitates negotiation between the spouses. Most Georgia family law mediations use caucus style, where each party is in a separate room and the mediator moves between them. Each side presents their position, the mediator identifies common ground, and the parties negotiate toward agreement. If agreement is reached, terms are drafted into a settlement. If not,

Can I still go to court if mediation fails?

Yes. Mediation does not waive your right to trial. If mediation does not resolve all issues, the unresolved matters proceed through litigation. Anything discussed in mediation is confidential and cannot be used against you in court. Partial agreements are common. For example, you might resolve property division at mediation but take the custody dispute to trial.

Should I mediate if my spouse is unreasonable?

It depends on what "unreasonable" means. If your spouse has unrealistic expectations but is willing to listen to a mediator's reality check, mediation can work because mediators are skilled at helping parties understand the likely court outcome. If your spouse is using the process to stall, manipulate, or intimidate, mediation wastes money and trial is the appropriate forum. Discuss the specific d

Is mediation confidential in Georgia?

Yes. Mediation communications are protected under Georgia law and the mediator's agreement. Nothing said in mediation can be used as evidence in court. This confidentiality encourages honest negotiation because parties can make proposals and concessions without fear that their words will be used against them at trial. The final agreement, once signed and filed with the court, becomes public record

Divorce Mediation vs Going to Court in Georgia: Costs, Timelines & When Each Makes Sense

By David R. Tannen, Esq.
Founder, Tannen Law Group
Updated: April, 2026

By David R. Tannen, Esq.
Founder, Tannen Law Group
Updated: April, 2026

Divorce mediation in Georgia is typically less expensive than going to trial, with mediator fees starting at $500 per party in addition to your attorney's time. A contested divorce that goes to trial costs $15,000 to $50,000+ in attorney fees alone and takes 6 to 12 months depending on the county. Mediation succeeds because preparation matters: at Tannen Law Group, we represent clients in mediation with the same rigor we bring to trial.

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