Mediation vs Litigation
We, in the United States, are in the midst of a litigation crisis. The high cost and long delays associated with the trial of civil matters often make litigation an impractical method of resolving disputes. It is not uncommon for the attorney's fees, expert witness fees, court reporter fees and other related costs to exceed the amount in dispute. Parties increasingly find that they are spending more to litigate than the cost to settle the matter.

Because the current legal environment discourages the early settlement of disputes, society is demanding a new approach for resolving disputes more efficiently. That new approach is MEDIATION. I offer private mediation for a variety of cases and am Georgia Supreme Court registered neutral.

My Mediation Process
Whether you have already filed a lawsuit or simply want a dispute settled, my mediation process begins by e-mailing me your situation. When you file the request for mediation, you are also responsible for notifying the other parties of the request. In your e-mail to me, please list the parties, jurisdiction, and matter involved, previous steps taken to settle the dispute, whether a lawsuit has been filed, and a concise set of issues to be mediated. After my review of your case, I will contact you by e-mail or phone about your options.

Should the situation proceed with mediation, all parties involved will sign a fee agreement and guidelines. If any party fails to sign, the mediation will be rejected, as mediation cannot take place without the agreement of all parties. After the initial acceptance, a date for mediation will be established. If you are looking for a way to amicably settle a divorce, I can assist with the negotiations as well as file all necessary court papers to initiate and finalize the process.

The mediation generally takes place at the Georgia Bar Building, or a mutually acceptable neutral location; it is very important that all parties view the mediation process as fair and impartial. Once a time and location is agreed upon, we will meet and all parties will be given the opportunity to make their case in full. Once all the issues are on the table, we can begin to solve your problems and, hopefully, reach a settlement agreement.

Reaching a Settlement
The number of sessions necessary to reach a settlement varies, depending on the complexity of the issues presented and the level of communication between the parties. All mediation sessions are private, confidential, and informal. The sessions are usually scheduled for four-hour periods and negotiations can usually be completed in a day. As a neutral, I will not take sides or make decisions during the discussions, but will merely attempt to increase your understanding of the issues and possible solutions. You and the other party or in charge of the outcome of the negotiations and can withdraw from mediation at any time.

Should you and the other party reach an agreement, you or your attorney will help draft a Memorandum of Understanding that will be binding upon all parties. No document will be signed until you feel absolutely comfortable. If no settlement is reached, any statements made by you, the other parties, or me during the proceedings are inadmissible as evidence in any subsequent litigation.

It Works
The American Arbitration Association reports that over 85% of all mediations result in a settlement. It works because it brings you and the other parties to the bargaining table where you can comfortably and informally evaluate your positions and safely explore settlement options. I have seen the process work many times and the outcome generally leaves you in a better frame of mind than if litigation were pursued.