Divorce Mediation in Johns Creek and North Atlanta
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Attorney David Tannen has resolved hundreds of divorce cases through mediation since 2002.
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Divorce Mediation in Georgia -- Quick Facts
- Mediator fee: $250 to $500 per hour, split between parties
- Total mediation cost: Starting at $500 (mediator plus attorney preparation) vs $7,500 retainer with hourly billing subtracted from the retainer
- Sessions: 1 to 3 sessions, each lasting 4 to 8 hours
- Timeline: 30 to 90 days from first session to signed agreement
- Success rate: 70% to 80% reach full or partial agreement
- Required by court: Fulton, Gwinnett, and Forsyth County courts require mediation before scheduling trial in most contested cases
- Confidential: Everything said in mediation is inadmissible in court if mediation fails (O.C.G.A. section 19-5-1(c))
- Issues covered: Property division, spousal support, custody, child support, parenting plans, debt allocation
What Gets Resolved at Divorce Mediation
Divorce mediation covers the same issues a judge would decide at trial. The difference is that you and your spouse control the outcome instead of leaving it to a judge who met your family for the first time that morning.
Property and Asset Division
The marital home, bank accounts, retirement funds, investments, vehicles, and personal property. In high-asset cases common in North Atlanta, this includes business interests, stock options, RSUs, deferred compensation, and investment real estate. Having valuations completed before mediation (business appraisals at $5,000 to $20,000, real estate appraisals at $300 to $600) accelerates the process and prevents disagreements based on speculation rather than data.
Spousal Support
Georgia has no alimony formula. The amount and duration are entirely discretionary under O.C.G.A. section 19-6-1. That makes negotiation particularly important because the range of possible outcomes at trial is wide. A skilled attorney helps you understand what a judge would likely order so you can evaluate whether a mediated offer is fair or whether you should hold firm.
Debt Allocation
Mortgage, car loans, credit cards, student loans, medical debt. Creditors are not bound by your divorce agreement, which means if your spouse is assigned a joint credit card and stops paying, the creditor can still come after you. Indemnification provisions in the mediated agreement protect you by giving you a legal remedy against your spouse if that happens.
Child Custody and Parenting Plans
Mediation is where custody agreements are at their best. Parents who negotiate their own parenting plan can account for specific school schedules, extracurricular commitments, each parent’s work travel, holiday traditions, and the child’s preferences in ways a judge working from a two-day trial cannot. The standard possession schedule a court orders is a floor. A mediated plan can be built around your actual family’s life.
Child Support
Child support in mediation follows Georgia’s income shares guidelines under O.C.G.A. section 19-6-15. The parties can agree to deviate from the presumptive amount for specific reasons (extraordinary expenses, extended parenting time, private school tuition), subject to court approval. Having both parents’ complete income documentation before mediation is essential for productive support discussions.
How a Divorce Mediation Session Works
Most divorce mediations in North Atlanta use caucus style. You and your attorney sit in one conference room. Your spouse and their attorney sit in another. The mediator moves between rooms, carrying proposals, testing positions, and identifying common ground. You never have to be in the same room as your spouse unless both parties agree to a joint session.
A typical session runs 4 to 8 hours. The mediator charges $250 to $500 per hour, split between the parties. Your attorney’s time is billed separately at their hourly rate.
The session usually follows this pattern. The mediator opens with a brief overview of the ground rules and the issues to be resolved. Each side presents their position through the mediator. The mediator identifies areas where the parties are close and areas where they are far apart. Proposals and counterproposals move back and forth. Your attorney advises you in real time on whether to accept, reject, or counter each proposal. If agreement is reached, the terms are written up and signed before anyone leaves the room.
If the session does not produce full agreement, it is not wasted. Partial agreements are common and valuable. You might resolve property division at mediation and take only the custody dispute to trial. That cuts the trial length, the witness list, and the preparation cost significantly.
When Divorce Mediation Works and When It Does Not
Mediation works when:
Both spouses are willing to negotiate in good faith, even if they disagree on the terms. Financial information is transparent and both sides have access to accurate numbers. The dispute is about allocation (who gets what percentage, how parenting time is split) rather than about whether the other parent is fit. Both parties are motivated to save money and time rather than to punish the other person. The co-parenting relationship matters because children are involved.
Mediation does not work when:
One spouse is hiding assets or income. You cannot negotiate a fair deal if you do not know what exists. Use the discovery tools available in litigation first, then mediate with accurate information. Domestic violence has occurred. Mediation assumes a power balance between the parties. When one spouse has used violence or coercive control, the other spouse may agree to unfavorable terms out of fear rather than genuine consent. Georgia courts can waive the mediation requirement in documented DV cases. One spouse refuses to participate or uses the process to delay.
Why You Need an Attorney at Divorce Mediation
The mediator does not represent you. The mediator’s job is to help both sides reach agreement. Your attorney’s job is to make sure the agreement protects your interests.
Before mediation, your attorney reviews all financial records, identifies your priorities and non-negotiables, analyzes the strengths and weaknesses of your position, and sets realistic expectations for each issue. You walk into the session knowing what you want, what a judge would likely order, and where you have room to compromise.
During mediation, your attorney evaluates every proposal in real time. “That sounds reasonable” from a mediator does not mean it IS reasonable for your specific situation. Your attorney catches provisions that look fair on the surface but create problems later: a property division that ignores tax consequences, a parenting plan that is unworkable with your actual schedule, a support amount that does not account for your spouse’s real income including bonuses and stock.
After mediation, your attorney drafts or reviews the formal settlement agreement to ensure it is legally precise, enforceable under Georgia law, and covers every required issue. A handshake at the mediation table means nothing until it is reduced to a signed written agreement that a court will approve.
Frequently Asked Questions
How much does divorce mediation cost in Georgia?
The mediator charges $250 to $500 per hour, split between the parties. Sessions run 4 to 8 hours. Most cases require one to three sessions, putting total mediator cost at $800 to $4,800 split two ways. Add your own attorney’s preparation and attendance ($3,000 per party) and total mediation cost per party is approximately $2,400 to $7,400. Compare that to $7,500 retainer with hourly billing subtracted from the retainer, per party for a contested divorce that goes to trial. Get a specific cost estimate for your situation in a free consultation.
Is mediation required before trial in Georgia?
Fulton, Gwinnett, and Forsyth County courts require mediation before scheduling a trial in most contested divorce and custody cases. Georgia law authorizes this under O.C.G.A. section 19-5-1. The only common exception is cases involving documented domestic violence, where the court can waive the requirement.
What if mediation fails?
Unresolved issues proceed to trial. Nothing said in mediation is admissible in court. Partial agreements are common and reduce what needs to be litigated. If you settle property and support at mediation but disagree on custody, only the custody issue goes before the judge.
Call (470) 560-7798 to make sure your case is trial-ready before mediation is even scheduled.
Can I mediate without an attorney?
Georgia does not require attorney representation at mediation, but proceeding without one is risky. The mediator cannot advise you on whether a proposal is fair for your specific situation. Without legal counsel, you may agree to terms that are difficult or impossible to change later, particularly regarding property division, which Georgia courts rarely modify after the divorce is final. Call (470) 560-7798 to discuss whether you need representation at your mediation.
How is divorce mediation different from divorce arbitration?
In mediation, the mediator facilitates negotiation. You and your spouse decide the outcome. In arbitration, the arbitrator hears evidence and makes a binding decision, similar to a judge. Mediation preserves your control over the result. Arbitration trades that control for a faster private resolution than a court trial.
What should I bring to divorce mediation?
Tax returns (last 2 to 3 years), recent pay stubs, bank and investment account statements, retirement account statements, mortgage documents, credit card statements, a list of all marital assets and debts with estimated values, and a proposed parenting plan if children are involved. Your attorney will tell you exactly what to prepare, but walking in with organized financial information is the single most important factor in productive mediation.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Get Prepared for Mediation That Actually Works
At Tannen Law Group, we do not send clients to mediation hoping for the best. We send them prepared to get the best result the facts support. Attorney David Tannen has resolved hundreds of divorce cases through mediation over two decades of practice in Fulton, Gwinnett, and Forsyth County courts.
Your Free Consultation Includes:
An honest assessment of whether mediation fits your case
A clear explanation of what mediation will cost for your specific situation
A preparation strategy so you walk in ready to get the best outcome
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Tannen Law Group
6455 East Johns Crossing, Suite 425
Johns Creek, Georgia 30097