ARTICLES -
MEDIATION--
WHAT YOU
NEED TO KNOW
BE SMART -
UNDERSTAND
THE LAW
WHAT IS
MEDIATION?
Mediation is
a voluntary
dispute
resolution
process in
which a
neutral
third person
( a
"Mediator")
meets with
the parties,
and assists
them in
reaching a
settlement
of their
dispute. A
mediator
will work
with both
parties to
obtain a
global
resolution
of all
issues. Our
mediators
are seasoned
professionals
with have
conducted
mediations
and
participated
in
mediations
to
understand
all sides of
the process.
HOW
LONG WILL
MEDIATION
TAKE?
There is no
set time on
how long
mediation
will take.
Mediation is
task
oriented
with a goal
of reaching
agreement.
This
agreement
may be
reached in a
very short
time in
situations
where
mediating
parties are
already at a
very high
level of
agreement
and are able
to
specifically
describe
that
agreement.
In
situations
where there
are a number
of "open
issues"
(either
disputed
issues or
issues that
have not
been well
considered),
the
mediation
will take a
bit longer.
Often
mediation is
concluded in
a single
session. On
complex
matters it
may take
multiple
sessions
WHAT IS THE
VALUE OF
MEDIATION?
It is
the most
cost
effective
method of
resolving
disputes and
the least
stressful
comparing to
a Court
trial. In
addition to
the
financial
and
emotional
savings of
mediation,
participants
are able to
fashion
their own
agreement
which is
sensitive
and
responsive
to perceived
equities and
desired
outcomes.
The result
is that the
work product
of
mediation,
the
Memorandum
of
Understanding,
provides a
comprehensive
resolution
in terms
mediating
parties
understand
and believe
in. This
results in a
commitment
to the
agreement
which has
been shown
to enhance
future
compliance
by providing
a
cooperative
atmosphere
for
performance
of the terms
of
agreement.
WHAT ARE OUR
CHANCES FOR
SUCCESS IN
MEDIATION?
A
significant
number of
parties
reach
comprehensive
resolution,
with the
remaining
issues
reaching at
least some
significant
substantive
resolution
WHAT IF WE
DON'T REACH
AGREEMENT?
In the event
no agreement
is reached
in
mediation,
other
settlement
options can
be explored.
Even
unsuccessful
mediating
parties
often seem
to obtain
substantial
benefit from
having had
the
opportunity
to fully
communicate
and by
having given
it their
best effort
prior to
recognizing
that
attorney
negotiation
or
litigation
may be
inevitable.
WHO PAYS FOR
THE
MEDIATION?
Responsibility
for the
mediation
fees needs
to be
decided
between
mediation
participants.
The key,
however, is
that the
parties
themselves
agree upon
the division
of the fee
in whatever
way seems
fairest and
most
appropriate.
WHAT
CAN I DO TO
ENSURE A
SUCCESSFUL
MEDIATION?
Perhaps the
most
important
thing any
mediating
party can do
to ensure a
satisfying
and
successful
mediation
experience
is to
prepare for
the
mediation
discussions
by seeking
clarity as
to
individual
desired
outcomes and
perceived
standards of
fairness.
Being able
to listen to
the other
party's
point of
view, even
when you
don't agree
with it,
will allow
you to
develop
options that
meet both of
your needs.
It is in the
ability to
see the
whole
picture from
both
perspectives
that a
mutually
satisfying
agreement.
A Georgia
law firm
also serving
the District
of Columbia
and the
Nations.
Georgia
mediation
lawyers who
understand
mediation
process and
how it
works.
YOU
SHOULD
REMEMBER THE
INFORMATION
THAT YOU
READ HERE IS
GENERAL IN
NATURE AND
NOT MEANT TO
BE A
SUBSTITUTE
FOR SPECIFIC
LEGAL ADVICE
FROM AN
ATTORNEY.
CALL TODAY
FOR A FREE
CONSULTATION
301
738-5700.
