Mediation

Mediation:

Mediation, otherwise known as alternative dispute resolution is a private method of resolving conflicts outside the courtroom. Sometimes, the problem could be solved if the parties could just sit down and talk. That process can be difficult on your own because emotions or feelings of distrust can make rational discussions difficult. A mediator makes the process easier by providing a neutral guide who is not involved in the situation and can offer a new perspective. The mediator also insures that each side gets to speak and respond without interruption and that no one dominates the negotiations. In this way, the parties can logically and rationally analyze the issues and develop solutions to the problems. Unlike a trial or arbitration, the parties are in control instead of a judge, jury, or arbitrator. The parties, not the mediator determine the outcome of their negotiations and sculpt a solution agreeable to both sides. The purpose of mediation is to turn a win/lose situation into a mutual agreement. If you do not reach an agreement that both parties are satisfied with, you can still proceed to court. The mediator will not act as an attorney or give you legal advise. Our job is to help you negotiate and problem solve. You may have your attorney with you at the sessions or take any complete or partial agreement to your attorney for review before signing. Both parties must be willing to try the process. You can not force anyone into mediation like you can force them to court unless your dispute involves a contract with a mediation clause in it.

Divorce Mediation:

Divorce mediation, also called domestic mediation, allows divorcing couples to maintain their privacy and control over the division of their personal assets. During a divorce trial, your personal problems become public record and a judge and/or jury decides what amount of property you receive. During mediation, you and your spouse make these decisions during confidential sessions with your mediator. Mediation also allows parents, who best know the needs of their children, to determine custody and visitation arrangements. Because divorcing parents may end the marriage but must continue joint child-rearing roles, the family is better preserved when they can find a method to continue making mutually agreeable decisions. If a settlement agreement is reached, you still must file for an uncontested divorce and may or may not wish to file the entire agreement. In Georgia, a mediator is a neutral party and cannot represent either spouse as their attorney during the divorce proceeding. Each party is recommended to seek their own attorney to review any settlement agreement before it is signed so that they may be fully informed of their rights. Sometimes, the mediation sessions may not produce a full agreement but may settle some issues. For example, if the division of the bank accounts, automobiles, and retirement funds were agreed upon but there was no agreement about the marital residence and child custody, you can still proceed to court to litigate the remaining issues. In this way, you at least narrowed down some of the issues and saved yourself some time in court and attorney fees. Mediation is not appropriate for every case and both parties must be willing to participate (or court ordered to try it). If you would like to find out if mediation could help you, you and your spouse may come for a free initial consultation about the process.

Business Mediation:

For businesses, a neutral mediator can help resolve conflicts between company employees, employees and management, or between the company and other business contacts. Mediation helps keep the issues resolved internally without a public trial. If the parties come to a mutually beneficial agreement, the doors are open to maintain a valuable ongoing professional relationship. Your business may not have any current legal problems but may wish to consider a mediation clause in some of its contracts such as employment contracts, leases, purchase agreements and others. A mediation clause can be tailored to your needs but would essentially require the parties to attempt mediation if a problem arises before seeking other legal remedies.

Civil Mediation:

Mediation can be beneficial in other areas in addition to divorce or business disputes. The process can also be helpful in the many other areas where a disagreement can turn into a court battle. Such areas include, disputes between neighbors, family members, board of directors, church members, landlords and tenants, school classmates, doctor and patient, roommates, and dating couples. The list is endless. One example of a possible situation that could benefit from mediation is two sisters who are no longer speaking to each other because they cannot agree on how to divide the property they have inherited from their aunt's estate. Through mediation, they could find a fair solution with a mediator who keeps them focused on the property, it's value and what they really want. The mediator keeps them on task and prevents them from spending the session arguing over who the aunt loved best or who stole whose boyfriend ten years ago. Once they reach an arrangement they are both happy with, the sisters have formed a basis where they can reason with each other and perhaps renew their relationship. Had a judge ordered them to divide the property a certain way, they may still harbor some resentment towards each other feeling that they did not get what they wanted. They also save the money they would have spent on court fees and lawyers. Mediation does not always produce a rosy outcome but the possibilities are there. Not every situation is appropriate for mediation but there is a free initial consultation to determine if mediation may be beneficial to you and to discover if both parties are willing to participate.