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