ARTICLES - Mediation
WHAT YOU NEED TO KNOW
BE SMART - UNDERSTAND THE
WHAT IS MEDIATION?
Mediation is a voluntary dispute resolution process in which a
neutral third person ( a "Mediator") meets with the parties, and
assists them in reaching a settlement of their dispute. A
mediator will work with both parties to obtain a global
resolution of all issues. Our mediators are seasoned
professionals with have conducted mediations and participated in
mediations to understand all sides of the process.
HOW LONG WILL MEDIATION
no set time on how long mediation will take. Mediation is task
oriented with a goal of reaching agreement. This agreement may
be reached in a very short time in situations where mediating
parties are already at a very high level of agreement and are
able to specifically describe that agreement. In situations
where there are a number of "open issues" (either disputed
issues or issues that have not been well considered), the
mediation will take a bit longer. Often mediation is concluded
in a single session. On complex matters it may take multiple
WHAT IS THE VALUE OF MEDIATION?
It is the most cost effective method
of resolving disputes and the least stressful comparing to a
Court trial. In addition to the financial and emotional savings
of mediation, participants are able to fashion their own
agreement which is sensitive and responsive to perceived
equities and desired outcomes. The result is that the work
product of mediation, the Memorandum of Understanding, provides
a comprehensive resolution in terms mediating parties understand
and believe in. This results in a commitment to the agreement
which has been shown to enhance future compliance by providing a
cooperative atmosphere for performance of the terms of
WHAT ARE OUR CHANCES FOR SUCCESS IN MEDIATION?
significant number of parties reach comprehensive resolution,
with the remaining issues reaching at least some significant
WHAT IF WE DON'T REACH AGREEMENT?
In the event no agreement is reached
in mediation, other settlement options can be explored. Even
unsuccessful mediating parties often seem to obtain substantial
benefit from having had the opportunity to fully communicate and
by having given it their best effort prior to recognizing that
attorney negotiation or litigation may be inevitable.
WHO PAYS FOR THE MEDIATION?
Responsibility for the mediation
fees needs to be decided between mediation participants. The
key, however, is that the parties themselves agree upon the
division of the fee in whatever way seems fairest and most
WHAT CAN I DO TO ENSURE A
Perhaps the most
important thing any mediating party can do to ensure a
satisfying and successful mediation experience is to prepare for
the mediation discussions by seeking clarity as to individual
desired outcomes and perceived standards of fairness. Being able
to listen to the other party's point of view, even when you
don't agree with it, will allow you to develop options that meet
both of your needs. It is in the ability to see the whole
picture from both perspectives that a mutually satisfying
A Georgia law
firm also serving the District of Columbia and the Nations.
mediation lawyers who understand mediation process and how it
YOU SHOULD REMEMBER THE INFORMATION
THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A
SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY. CALL
TODAY FOR A CONSULTATION 770 993-3300 .