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.
Please call our office at 706 692-6464 to schedule a session with Tony or Phil. Generally, Tony’s sessions are scheduled on Monday, Wednesday and Friday and Phil’s sessions are scheduled on Monday and Friday; however, both mediators are often available outside of these dates.
Mediations begin at 10:00 AM unless otherwise agreed upon by the parties. Mediations can be held in our offices, the office of one of the parties, or remotely. For remote mediations, please click on the Remote Mediation tab on the homepage for the parameters for these mediations.
Tony charges $125.00 per party per hour and Phil charges $150.00 per party per hour. Payment is due at the conclusion of the session. There will be a two hour minimum for each session.
Tony charges $125.00 per party per hour and Phil charges $150.00 per party per hour. Payment is due at the conclusion of the session. There will be a two hour minimum for each session.
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 to prosecute or defend your case than what mediation will cost; therefore, isn’t mediation worth a try? . 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 Tony@AppalachianMediationCompany.com or Phil@AppalachianMediationCompany.com or call our office at 706 692-6464.