Some family violence cases cannot be sent to mediation in Georgia at all, and every domestic relations case has to be screened before it goes.
The Rule
The Supreme Court of Georgia’s Alternative Dispute Resolution Rules include, at Appendix D, the Rules for Mediation in Cases Involving Issues of Domestic Violence. They were adopted by the Georgia Commission on Dispute Resolution and took effect on January 1, 2021, replacing guidelines that had been in place since 1995.
Rule 1 draws two flat lines: “Criminal cases that involve domestic violence shall never be referred to mediation from any court,” and “Cases arising solely under the Family Violence Act shall not be referred to mediation from any court.”
What Can Still Be Mediated
A divorce, custody, or other domestic relations case is not barred from mediation just because it carries a count under the Family Violence Act. Such a case can be referred, but it must be screened. Even then, the rule provides that “[m]ediators shall not facilitate the negotiation of issues related to criminal charges or the terms of any protective order in a domestic relations matter.” So the protective order itself is off the table.
Screening Is Mandatory
Under Rule 1(c), every court program must screen domestic relations cases, including cases sent to mediation directly from the bench. The purpose of screening, Rule 2 says, is “to determine whether mediation can be done safely and free from coercion,” and the final decision on whether mediation is appropriate rests with the ADR program staff rather than with either party.
Where screening identifies an at-risk party, that party is given the choice whether to proceed at all, after being told how the process works, that a mediator will not act as an advocate, and that mediation can be ended at any time.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!