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How Does the Mediation
Process Work?
The mediation, ordinarily a voluntary process, is
private, informal, and confidential. There are no court
reporters, stenographers, or court officers allowed to
participate. The mediator will guide the conduct of the
mediation without the formal rules of evidence or
procedure used in a court proceeding. The participants
may work with the mediator to establish some ground
rules, time limits, and the necessity of future
sessions.
The mediation usually begins in joint session with an
introduction of the process by the mediator. Each
participant is then given an opportunity to express
their points of view and feelings; after which, the
mediator may move back and forth between joint and
private meetings, called caucuses. During this process,
the mediator assists the parties in clarifying interest,
discussion areas of disagreement, identifying options
for possible solutions, and if possibly, developing a
Settlement Agreement.
Throughout the process, the
mediator will focus on the participants and their
interests, concerns, and perceptions. Because the
mediator's emphasis is on the participants and not the
law, attorneys (if present) can be helpful in discussing
legal principles and rights that may be involved.
If a settlement is reached on all or part of the issues,
the mediator may assist the participants in drafting the
Agreement.
(Note: Mediators do not provide legal or financial
advice. Should participants have questions or concerns,
they are urged to contact the appropriate professional
i.e. attorney, financial advisor, tax consultant, etc.)
Does Mediation Really Solve Conflicts?
Yes. Mediation has a 85% settlement percentage nation
wide and a 76% settlement percentage in the state of
Georgia.
When Should I Go to Mediation?
You should consider mediation anytime you are in a conflict
with another person, group, or business and feel that
you need assistance in resolving the matter.
Do I have to go to Court First?
No. Some court cases are ordered to mediation. Often, a
great deal of time, money, and personal energy can be
saved by going to mediation before going to court. |