Court-Ordered Mediation in Georgia: What Custody Cases Require and How to Prepare

If you're in a contested custody dispute in Georgia, you almost certainly cannot get a trial date without first going through court-ordered mediation. Most metro Atlanta judicial circuits require mediation before scheduling a final hearing in any contested domestic relations case. Understanding how the process works — and preparing properly — determines whether mediation resolves your case or becomes an expensive formality.

When Mediation Is Required

Under the Georgia Supreme Court's statewide Alternative Dispute Resolution (ADR) program, contested domestic relations cases must be submitted to mediation before being placed on the active court calendar for trial. This applies to:

• Contested divorce cases involving child custody
• Custody modification petitions
• Legitimation cases where custody and parenting time are disputed
• Parenting plan disputes after an initial order is in place

The court's goal is resolution without trial. Georgia judges and mediators consistently report that cases where parents reach mediated agreements produce more stable, longer-lasting custody arrangements than court-imposed orders.

The Domestic Violence Screening

Before any mediation begins, Georgia law requires a confidential domestic violence screening under O.C.G.A. § 19-9-7 and the Georgia Supreme Court ADR Rules. This screening is designed to detect physical safety threats, coercive control, or power imbalances that would make face-to-face negotiation unsafe or unfair.

If domestic violence is identified, the case is typically exempted from mediation entirely. However, the victim-parent can consent to proceed with safety protocols in place — separate rooms, virtual sessions, or holding the mediation at the courthouse with security present. The mediator cannot force a victim to participate.

What Mediation Costs

Mediation fees are typically split equally between both parents. Many Georgia courts set maximum hourly caps for court-assigned mediators, usually ranging from $100 to $150 per hour. Private mediators hired by the parties can charge more, often $150 to $500 per hour.

Some judicial circuits provide the first two hours of mediation at no cost. Others offer fee waivers for parents who qualify based on income — check your local ADR office for the current policy.

A typical custody mediation session runs 2 to 4 hours, though complex cases may require multiple sessions. Even at the higher end, mediation costs far less than a contested custody trial, which can easily run $10,000 to $20,000 in attorney fees alone.

How a Mediation Session Works

The mediator is a neutral third party — not a judge, not an advocate for either parent. They cannot make binding decisions. Their role is to facilitate negotiation and help both parents reach a voluntary agreement.

A standard session follows this structure:

1. Opening statements. The mediator explains the process, sets ground rules, and each parent summarizes their position.
2. Issue identification. The mediator works with both parents to define the specific disputes: physical custody schedule, legal decision-making, holiday allocation, transportation logistics, communication rules.
3. Negotiation. Parents may negotiate in the same room or in separate rooms (called "caucus" sessions). The mediator shuttles between rooms, relaying proposals and counterproposals.
4. Agreement drafting. If the parents reach agreement on all or some issues, the mediator drafts a memorandum of understanding that both parents sign. This document is submitted to the court for judicial approval.

Everything said in mediation is confidential under O.C.G.A. § 15-23-6. Neither parent can use statements made during mediation as evidence in a later court proceeding. This confidentiality is designed to encourage honest negotiation.

What to Bring

Walk into mediation with your homework done, not your grievances rehearsed. The parents who settle are the ones who arrive with concrete proposals.

Your proposed parenting schedule. Have a detailed week-by-week custody calendar with specific transition days and times. Know your overnight count for child support purposes.

Holiday and vacation plan. Draft your proposed holiday rotation with specific dates and transition times for major holidays, school breaks, and summer blocks.

Financial disclosures. Bring your completed Domestic Relations Financial Affidavit (DRFA) and any documentation of income, expenses, and child-related costs.

Decision-making proposals. Know which categories of legal custody (education, healthcare, religion, extracurriculars) you want final decision-making authority over, and have a rationale for each.

A parenting plan draft. Under O.C.G.A. § 19-9-1, your final agreement must address residential schedules, holiday allocations, decision-making authority, transportation, communication rules, and dispute resolution procedures. Having a working draft speeds negotiation dramatically.

The Georgia Child Custody & Parenting Plan Guide includes a mediation preparation worksheet and pre-drafted schedule templates that cover every element required in a Georgia parenting plan — so you arrive at mediation with proposals ready to negotiate rather than decisions still to make.

What Happens If Mediation Fails

If the parents cannot reach agreement — called an impasse — the mediator reports to the court that mediation was attempted but unsuccessful. The case then proceeds to trial, where a Superior Court judge makes the custody determination based on the best-interests-of-the-child standard under O.C.G.A. § 19-9-3.

Importantly, reaching a partial agreement still has value. If you resolve the holiday schedule and communication rules in mediation but can't agree on the primary physical custody arrangement, the judge only needs to decide the unresolved issues. This shortens your trial and reduces legal costs.

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