Mediation is a process used to resolve your case. It is an alternative dispute resolution (“ADR”) process and is generally mandatory in Georgia family law cases. Even if it’s court-ordered, mediation is ultimately a voluntary process based on good-faith negotiation. The parties come together with their lawyers, and, with the help of a mediator, discuss their situation and negotiate a resolution.
The parties’ attorneys are present during mediations: (1) to ensure the parties negotiate effectively, and (2) to ensure the parties’ rights are safeguarded.
The Mediator
A mediator is a trained neutral and must be registered with the Georgia Office of Dispute Resolution. A mediator may also be on approved mediator lists in different counties in Georgia, but this is not required. Often, the mediator is also a lawyer.
As a neutral, the mediator is not a judge. She does not hear evidence or testimony. She does not make a decision or ruling as a judge would. Instead, the mediator
- listens to the parties
- identifies issues to be resolved at mediation
- facilitates communication and options for resolving important issues.
Mediators, like everyone else, charge for their services. They usually cost between $250 and $400 per hour – i.e., $175 to $200 per hour per person. You are responsible for mediation fees and must be prepared to pay your fees with cash or a check at mediation. Payment will be calculated at the end of mediation.
Resolving Your Case: Reaching an Agreement
If mediation is successful, you will reach an agreement and sign a short mediated agreement. This document is a short memorandum of the basic terms of the settlement. The parties’ attorneys will then draft a formal settlement documents after mediation.
If you sign an agreement during mediation, you will be bound by that agreement.
Duration: Mediation is Long
Plan on at least four hours for mediation, although it may take longer. (Sometimes mediations only last two to three hours, but mediations that short are usually unsuccessful.)
Mediation is Confidential
Mediation is confidential. This means what is said during mediation cannot later be used in court, and the mediator cannot be forced to testify. Confidentiality means that no one, not the attorneys, the parties, or anyone else, is allowed to report to the court about the issues discussed at mediation. It also means that no one can report to the court or testify at trial about the parties’ legal or strategic positions. To protect confidentiality, outsiders are not allowed at mediation. People not actually parties to the lawsuit (e.g., new spouses, significant others, parents) may not attend.