“Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.“ https://en.wikipedia.org/wiki/Mediation. Mediation is a type of alternative dispute resolution (ADR) conducted to resolve pending Court actions. Georgia has an Office of Dispute Resolution specifically appointed to oversee ADR programs. “The mission of the Georgia Commission on Dispute Resolution is to help the Georgia Supreme Court fulfill its Constitutional mandate to ‘provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions’ in the judiciary.” https://godr.org/about-us/.
All types of people seek mediation for a wide variety of issues, in fact, some courts order mediation before a case is allowed to move forward with a final hearing.
During mediation, both parties agree to attempt to work out their pending issues with a trained neutral mediator. The mediator guides the parties towards resolution. Mediation resolution depends on both party's willingness to work together to reach an agreement. Most people bring an attorney with them to mediation to help protect their legal rights and to provide guidance. The parties are ultimate the ones to make the final decisions in mediation.
Although it can be stressful, many clients find mediation helpful in resolving some, if not all, of their pending issues. Mediation can result in a faster resolution, and it costs less than full litigation. Additionally, mediation can be confidential, which means that the details of your mediation are not in the public record like most court cases. However, unlike litigation, a resolution is not guaranteed.
If the parties reach an agreement in mediation, a written document is formed and signed holding both parties responsible for their end of the agreement. If an agreement is not reached, additional mediation sessions may be conducted, or the case may proceed through the litigation process in the court system.
Although an attorney is not required for your mediation, it is always helpful to consult with someone who can explain the process and help ensure your concerns are addressed.
Contact the Law Office of Christine M Bechtold, LLC to schedule a free divorce consultation. 770-466-2700, Christine@Bechtold-Law.com.