Mediation- what is it?

I get questions often about mediation, and the benefits of it. As an attorney, my law partner Morris Carr and I are involved in mediations for our clients quite often. As a certified mediator in the State of Georgia, I see a wide variety of cases that come to mediation, whether civil matters, or domestic (family-related) matters. The trend toward mediation grows, and I see the trend growing more and more as budgets in our court systems are slashed, cases are continued (postponed) from trial calendars, and the case load grows exponentially.

First, the question is, what is mediation? Mediation is a form of alternative dispute resolution that court systems in Georgia (and other states) utilize as a way to negotiate resolutions for lawsuits. A mediation may be between an unlimited number of parties- 2, 3, 4, or even more who are involved in a lawsuit. Usually, a mediation is at a neutral location, but sometimes it may be at one of the party's attorney's office. A mediator, or registered neutral, presides over a mediation. It's important to use a mediator who is certified in the State of Georgia through the Georgia Office of Dispute Resolution. The mediator serves as an intermediary between the parties, who use the mediation process to discuss their case expectations and desires in an open forum. Sometimes, the mediator may ask the parties to go to separate rooms in what's known as a caucus. The mediator will go back and forth, between the rooms, discussing case strengths, weaknesses, and concerns with the parties. The goal of the mediator, and the overall point of the mediation, is to reach and agreement between the parties.

Mediation has a very high success rate in Georgia. Judges may order civil cases such as car wrecks, medical malpractice cases, and even contract disputes to mediation. They also may order domestic matters such as divorces, child custody disagreements, and child support matters to mediation as well. In fact, some Courts in Georgia have standing orders to mediate cases before they can go to trial. With a better than 60% success rate, the hope is that mediation will help alleviate the growing caseload that the Courts have.

The most important item of information for all parties at mediation is that you must come to the mediation in good faith. That does not mean you have to settle the case at mediation; although it does mean that you need to come to the mediation with an open mind and a willingness to resolve the case. If all the parties will come to the table with this open mind, the chances of settlement greatly increase.

If you have any more questions about mediation, feel free to contact me or Morris Carr at anytime. We can be reached at 478-743-4771. Or visit our website at http://www.carrdowney.com/.

Jason E. Downey

Divorce Insurance

Please check out this article on Fox24's website, featuring G. Morris Carr, of Carr Downey, Attorneys at Law, LLC. The news clip, as aired on Fox24, also appears on the site. The link is at the bottom of this blog.

Family First: Be Ready if I Do's Become I Don't

Michelle Quesada

Story Created: Feb 4, 2011 at 4:51 PM CST
Story Updated: Feb 4, 2011 at 8:20 PM CST

The last thing on your mind when you're dress shopping for the perfect wedding gown is that your marriage may have an expiration date, but there are ways to guard yourself against disaster.

Many couples look into prenuptial agreements before getting married, but they don't cover expenses in the event of a divorce. Now you can actually purchase divorce insurance as a solution. Chairman and CEO of Safeguard Guaranty John Logan created Wedlock Divorce Insurance after he realized there was a need for it.

"I went through a world class ugly divorce myself about 10 years ago, 11 years ago now and after everything was set and done I looked around and said to myself 'well, gee whiz, I can't be the only person this has ever happened to because I was next to broke, I was about to lose my home, and I couldn't believe after paying the attorney so much money that I was in worse shape than I ever thought i would be in," says Chairman and CEO of Safeguard Guaranty Corporation, John Logan.

Policy holders pay a monthly premium of 15.99 per unit - each unit covering 1250 dollars. In order to make a claim you have to be a policy holder for 48 months. Studies show that divorce can reduce the average person's wealth by 77 percent and 44 percent of families go below the poverty line.

Divorce attorney Morris Carr says the cost of divorce can range anywhere from one-thousand to 100-thousand depending on issues of substantial assets or custody. He says pre-nups may not be for everyone but talking about these issues before marriage can be beneficial.

"It may take a romance out of an engagement but the fact is you need to sit down with your future spouse and you need to take a look at each others debts, your liability, your asset and your future plans, retirement plans things like that," says Morris Carr, Management Partner at Carr Downey Attorneys at Law.

And most marriage counselors agree that addressing issues early on can save a marriage.

Although statistics may look scary talking to a pastor or premarital counselor may ensure that your perfect day is the beginning of forever.

If you'd like to learn more about WedLock Divorce Insurance look under our news links tab.

This article may be found at the following address:

http://www.newscentralga.com/news/local/Family-First-Be-Ready-if-I-Dos-Become-I-Dont-115324229.html