How The Process Works
Mediation is a confidential process facilitated by a trained third party neutral, known as a mediator. You may choose mediation at any point in your dispute. You don't need to wait for a hearing date or for your case to be “ordered” to mediation. Pursuant to Rule 4 of the Mediation Rules you have the right to choose your own mediator and negotiate a fee with that mediator as long as the mediator is registered with the Georgia Office of Dispute Resolution.
The only record of the process is the agreement, if one is reached.
The mediation session takes place in a private location, unlike court proceedings which are open to the general public.
You may choose mediation as an alternative to filing a case which is a public record or prior to litigation. Some clients choose mediation after a hearing when neither of the parties are satisfied with the outcome.
Participation in the mediation process itself is voluntary. You may withdraw from the process at any time, if you feel it's not working for you.
The mediator is able to direct the process so everyone has a chance to be heard, with a focus on each party's interests, concerns and perceptions. By clarifying interests you are able to identify areas of agreement and explore options for possible solutions. You are then prepared to negotiate a compromise that will result in a peaceful resolution. . You are encouraged to address and resolve all issues. Often, mediation raises additional matters that require resolution.
The mediator is able to guide the process without the formal rules of evidence or procedure used in a court proceeding. No court reporters, stenographers or court officers are involved.
Mediation has a success rate of 85 to 95 percent.
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