Frequently Asked Questions
Mediation is a conversation between two sides in a conflict in the hopes that the conversation will resolve what they are discussing.
It is basically a conversation. We structure the conversation after we gain your input and the input of your attorney.
Typical structures include a beginning session where the parties are all in the same room (with their attorneys). The parties (or their attorneys) give descriptions of their positions within the conflict, then the mediator and the parties discuss the case in the presence of each other. At the beginning of the session, you will be asked to sign the documents listed here. These forms are also available to download and review under the “Forms” page.
After this session, which we call the “Joint Discussion,” we typically break up into individual meetings that we call “Caucus.” Sometimes the parties want to waive the Joint Discussion or any introductory comments and begin with Caucus. Caucus is a meeting with you, your attorney, and the mediator outside the presence of the other party where you can talk to the mediator about your case without the pressures of the other party hearing what your opinions, worries, and goals for the case are.
And this brings us to the basic rule of mediation which forms the essence of the process.
Anything you say in Caucus to the mediator cannot be revealed to the other side without your express permission. In addition to the party specific confidentiality requirements of the Caucus sessions, the mediator cannot reveal anything that is said in a mediation to anyone outside of the mediation session, regardless of whether it is heard in Caucus or Joint Discussion.
The mediator is neutral in this process; the mediator cannot and will not give one side an advantage over another, and the mediator cannot and will not give you any legal advice. Your attorney is your advocate and your advisor as to how the law of Georgia applies to your case; the mediator is your pathway to resolving your case.
Go to the “Book a Mediation Appointment” drop-down tab on our homepage to find our calendars and choose which mediator you would like to book a session with.
The available dates for each mediator are highlighted on each calendar. Select a date and you will then be prompted to answer certain questions that will give us some basic information about your case and the parties.
Then, you will receive an automated confirmation email with additional information relative to our session. We suggest that all sessions start at 10:00 a.m.; however, if the parties require another start time, they will be prompted in the “Book a Mediation Appointment” section on how to book a different start time. Please keep in mind that the majority of the day needs to be devoted to resolving your case; therefore, 2:00 p.m. would be the latest time available to book a session. Sessions can be held at our office, your attorney’s office, a neutral location, or remotely. If you want to have the session at a location other than our office or remotely, you will need to call for those arrangements 706-692-6465. If you are interested in a remote mediation, please review our guidelines under the “remote mediations” drop-down tab on our homepage or click here.
Please know that if you have any questions about the processes of making the appointment or paying for it, you are more than welcome to call us at 706-692-6465 or email us at [email protected] or [email protected]. We accept payments for your session by cash, attorney check, credit or debit card or by PayPal.
We want to make it easy to book a session; therefore, we have tried to automate it the best we can. However, we also understand that automation is impersonal. Therefore, we want to be clear that you are welcome to call with any questions or concerns before you are required to pay anything.
In our experience, a successful mediation will require at least five hours of hard work from all of the parties; more often than not, a successful mediation requires much more. We charge a $35.00 administrative fee per party per session and an hourly fee of $250.00 for the duration of the session that is split between the parties.
A party can pay by credit card, debit card, attorney check, cash, or PayPal link in the office the day of the session.
Our mediators charge an hourly rate of $250.00 divided among the parties.
Lunch is provided by our office. Typically, it will be a sandwich or a salad from a local vendor with chips and a drink. Coffee, water, soft drinks, and snacks are also provided at our office; however, we do not have the ability to observe most dietary restrictions. If you do have dietary restrictions, we encourage you to contact our office beforehand to determine if accommodations can be created. For large groups (over six participants) a small surcharge will be assessed.
Yes. We do not publish those protocols. If domestic violence is an issue in your case, you or your attorney must contact our office no later than five days before your session.
We are located at 95 Stegall Drive; Jasper, Georgia 30143. Click here for directions or you can go to the “Contact” page on our menu.
Well, first of all, the judge hearing your case is probably going to require it before she or he will sign any order that resolves your case.
That requirement notwithstanding, you and you alone know this conflict better than anyone else on the planet. This knowledge qualifies you as the best person to resolve this conflict. As good and trustworthy as our judges and juries are, do you really want a group of strangers deciding how to resolve your conflict within the confines and restrictions of those rules that have to be observed within a courtroom? Would you rather be able to speak your mind unfettered by those rules and restrictions? Would you rather be an active participant in creating the resolution to your conflict?
We have always wanted to survey parties during actual litigation while they are seated in the courtroom at the table next to their attorney when they are not allowed to speak their mind while a decision is being made about their life and their future. If we ever get that opportunity, we will update this website with the results. We do not believe those results will discourage mediation.
Secondly, if you have read this far, you have probably paid more or expect to pay more to either prosecute or defend your case than $600.00. If we can get your case resolved for $600.00 plus lunch, isn’t mediation worth a try? But, most of all, this is your only opportunity to actively create a resolution of your conflict. No one knows this conflict better than you, but this is the only opportunity you will ever have to be the primary decision maker in resolving that conflict. Please don’t waste that opportunity; if you decide that we are not the right fit for your needs, please, please don’t waste the opportunity to take advantage of this very unique method to resolve your conflict. If we can’t help you, please let another qualified mediator address your case.
No.
Mediation before filing a court action or lawsuit is a wonderful use of the process. We have several programs where we address conflicts between individuals who have not filed anything in court.
All conflicts can benefit from mediation. These are a few examples:
(1) You have already gone to court, received a final order, and the other party refuses to comply with what the judge ordered.
(2) You have an employee that you have spent time, money, and resources in training. The employee is valuable to the success of the business, but he or she has constant conflict with the other employees or the employer.
(3) You have experienced an unprofessional workplace environment. Regardless of whether the conflict gives you the right to file a lawsuit, you do not want to escalate the conflict to the point where you can no longer work for this employer.
(4) You have a disability that should be accommodated by your employer, and it is not being addressed.
(5) You or your child has a conflict with its teacher.
(6) Your child has a special need or a disability that is not being addressed adequately by the school district.
(7) Your landlord or your tenant is in violation of your lease, yet you want to preserve the relationship so that the residency is not threatened.
(8) You need help with an intrafamily conflict that does not meet the requirements necessary for a legal action.
(9) You need help with an intrafamily conflict that does meet the requirements necessary for a legal action.
(10) You are a local government official, and you have a conflict with a group of constituents, another local government, or another government official.
Yes. However, different parameters apply for remote mediation. Please click here or go to the “Remote Mediation” drop-down tab on our Home page for those requirements.
Please contact us at T[email protected] or [email protected].