Resolve To Solve, Inc.

Mediation is an informal, confidential process used to help people settle disputes.

The process provides an opportunity for people to talk and create solutions with the assistance of a neutral third party, the mediator.

Parties are encouraged to consider what they need and want in order to reach a personally satisfying resolution to the issues.

• Do you want to have input in the final settlement?
• Is the relationship with the other party or parties involved important?
• Is saving time and money significant to you?

Fighting out the issues in court can be time consuming, stressful, and costly. It can take several months before your case is scheduled in court and most attorneys require a retainer.

Mediation is usually less expensive, scheduled more quickly, and reduces the adversarial nature of the conflict.

Mediation sessions are conducted in a relaxed, professional, and neutral environment focusing on the needs and interests of all parties.

The results are up to you.

Mediation:

1. What exactly is mediation anyway?
   • Mediation is an informal process in which all of the parties involved in a dispute meet with a mediator (a neutral third party) and discuss what happened, and how they would like to see the situation resolved. All parties need to agree to participate because mediation is voluntary. Courts sometimes mandate that parties attempt to mediate, but agreement is not mandated. Showing up and trying is all that is required to meet this mandate.
   • Mediation begins with the mediator explaining their role and how the process works. Mediators do not give legal or financial advice. They facilitate the conversation and assist the parties in reaching an agreement. Mediators work with the parties to help them communicate their needs or desires. Mediators do not make decisions for you or impose consequences. Each person involved in the conflict has a chance to talk, sharing thoughts, feelings, wants and needs. Sometimes venting emotions clears the air for progression toward a resolution. In court, parties or their attorneys present only the facts to the case. Although someone wins and someone loses it doesn’t mean that anyone feels satisfied or that the issues are completely resolved.
   • If an agreement is reached in mediation it is put in writing and signed by the participants. Any signed agreement can affect a parties’ legal rights in the future. In other words, you are most likely bound to your mediated agreement if you attempt to go further in a court proceeding. If no agreement is reached then pursuing the situation in court is a valid option.
   • Mediation is confidential. Mediators are not to reveal names of parties involved or aspects of the situation unless someone threatens physical harm to themselves or someone else during the mediation process. In the event violence is threatened, mediators do not volunteer to be witnesses in court proceedings. In fact, participants typically sign a waiver. The waiver says that a party “waves his or her rights to subpoena the mediator or any written work prepared for or in the course of the mediation,” or something similar.
2. How do I choose or even find a mediator?
   • You can find a mediator by contracting an alternative dispute resolution organization, such as the Georgia Office of Dispute Resolution, or Association for Conflict Resolution. Ask friends if they have had a good experience with a mediator, or check with your attorney. You can also search the internet or yellow pages.
   • When choosing a mediator consider his or her level of alternative dispute resolution training, a mediator should have a minimum of 100 hours. Georgia requires that a mediator take an approved General Training and/or Domestic Training course. So, check to see if the mediator is registered as a neutral with the state of Georgia. Next, consider the level of expertise. You may prefer to start with someone having at least two years experience and someone having mediated at least 100 cases. Education is actually less important because mediation is a profession based more on skills than academics. However, you may prefer a minimum of a bachelor’s degree or at least a certificate from a particular course of study.
   • *Do not reject a mediator just because “the other side” recommended them. Do your own research.
3. Do I need a lawyer? Can I bring my lawyer?
   • Lawyers are welcome, but not necessary. Only you can decide if you wish to have counsel present. If you want unlimited access to legal advice, feel safer or stronger with counsel present, bring your attorney. However, keep in mind you will need to pay him or her for their time. You may prefer to ask your attorney if he or she is willing to be available by phone to check in and run things by him or her. Some attorneys prefer to be present whenever clients mediate, especially in divorce cases, while others only attend mediation if violence is an issue.

Conflict Resolution:

1. What is A.D.R.?
   • Alternative Dispute Resolution refers to alternative methods of resolving disputes, other than going to court to litigate.
2. What is litigation?
   • Using the court-system, parties in dispute hire an attorney/advocate to argue their position. A decision is made by a judge or jury resulting in a winner and a loser.
3. What is arbitration?
   • Arbitration is a process in which a neutral individual or panel listens to the issues in a dispute and renders a decision regarding liability and damages. Voluntary arbitration allows the parties to select the individual or panel. Generally, cost is equally split. Non-binding arbitration allows parties to refuse the decision and move on to the court process. Binding arbitration generally means that neither party can appeal the decision or take it into court.