Child custody mediation is an alternative, peaceful way of resolving conflicts, allowing parents to reach an agreement with the help of a neutral third party — a mediator — instead of fighting in court. The institution of mediation is becoming increasingly popular in Georgia because it focuses on cooperation rather than confrontation. Especially in matters related to children, litigation is often traumatic for a minor, as the process can drag on for months or years. Mediation creates a safe environment where parents make decisions about their child's future themselves, rather than having a judge make that decision for them.
A mediator is not a judge; they do not decide who is right. Their role is to help the parties restore communication, identify real interests, and find a solution that is acceptable to both parties and, above all, the child. Legal.ge gives you access to certified family mediators who will help you resolve the dispute in a civilized manner.
What Does Custody Mediation Service Cover?
The mediation service covers the entire process from the first meeting to the signing of the agreement:
- Individual Meetings: The mediator meets with each parent separately to understand their positions, fears, and expectations in a confidential setting.
- Joint Sessions: A meeting of the parties in the presence of the mediator, where the child's residence, visitation schedule, holiday allocation, and alimony issues are discussed.
- Developing a Parenting Plan: Creating a detailed document outlining parental rights and responsibilities in everyday situations.
- Drafting the Agreement: Turning the reached agreement into a legal document. An agreement reached through mediation can be approved by the court and acquire enforcement power.
- Mandatory Court Mediation: In certain cases, the court requires parties to undergo mediation. A specialist helps you navigate this process effectively.
Common Real-World Scenarios
Mediation is particularly effective in the following cases:
The first scenario is a "Communication Deadlock." Parents cannot speak without shouting and fighting. The mediator regulates the conversation, prevents emotions from harming the process, and focuses on the child's needs.
The second case is a changing schedule. A standard court decision (e.g., weekends) does not fit a parent's non-standard work schedule. In mediation, it is possible to create a flexible, "tailor-made" schedule.
The third scenario is disagreement on parenting methods. One parent is strict, the other liberal. Mediation helps them agree on common principles of upbringing.
The fourth situation is avoiding court. Parents do not want their private life to become public or their child to be questioned by a social worker. Mediation is completely confidential.
Georgian Legal Framework and Regulations
The mediation process in Georgia is regulated by the following acts:
- Law of Georgia on Mediation: Defines the principles of mediation (voluntariness, confidentiality) and mediator standards.
- Civil Procedure Code: Provides for the court mediation mechanism and determines that an agreement reached in mediation, once approved by the court, is equivalent to a court decision.
- Code on the Rights of the Child: Prioritizes dispute resolution methods that are less damaging to the child's psyche.
Process and Stages
The process begins with selecting a mediator. At the first meeting, the mediator explains the rules. Then negotiations take place. Unlike court, there is no presentation of evidence or "destroying the opponent" here. The goal is a "Win-Win" outcome. If an agreement is reached, a written document is drawn up. If the parties cannot agree, they retain the right to continue the dispute in court. Important: information obtained during mediation is confidential and cannot be used against a party in court.
Why Legal.ge?
Family dispute mediation requires not only legal knowledge but also psychological skills. Mediators presented on Legal.ge are certified professionals with experience in resolving complex family conflicts. Choose mediation on Legal.ge to save time, money, and most importantly — your child's mental health.
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