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Is Mediation For
You
?
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What is the Mediators Role?
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The mediator is a neutral third party that facilitates the
process of the mediation. The mediator will not make
decisions for you or offer legal or financial advice.
The mediator has a duty to the parties to be honest,
unbiased, and to act in good faith. The mediator helps the
parties to communicate, seek and discuss options, negotiate,
and facilitate the parties reaching an agreement that is
mutually agreed upon. Integrity, impartiality and
professional competence are essential qualification for the
mediator.
The mediator shall keep any information pertaining to the
actual content of the case confidential and privileged, with
the exception of the Child Abuse Reporting Law, or threats
of physical harm.
Peacemaker Mediations mediators are experienced
professionals who have met all the qualifications required
by the State of Georgia and registered with Georgia Office
of Dispute Resolution. They are also members of the
Association of Conflict Resolution, a national organization.
How long does it take to Mediate?
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The length of time required is dependant upon the complexity
of each individual case, the number of participants, and the
co-operative participation of the parties to resolve their
issues. Mediation is scheduled for three hours per session.
Mediation of more complex cases may require additional
sessions.
What to Expect in Mediation?
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The mediation session usually begins with a joint meeting of
the parties. The guidelines will be presented to outline
the protocol for the meeting and the role of the mediator
and parties.
Individually the parties will be asked to share each side of
their issue. If attorneys are present they are encouraged
to confer their clients but to allow them to speak for
themselves. The mediator may ask for the attorneys for each
party to make a brief presentation of their case, presenting
the issues in dispute.
The session may continue in a joint discussion or the
mediator may select to “caucus” with the parties for private
individual meetings. The mediator may choose to continue to
“causus” several times with each party until the case is
either settled or it is apparent that an agreement will not
be reached. However, the mediator may elect to bring the
parties back into a joint session. Each case differs and
this will be left up to the discretion of the mediator.
The mediator will not make decisions for the parties; the
mediator will lead the negotiations in assisting the parties
to reach a decision which is acceptable to both parties. The
mediation may be terminated at anytime by the mediator or
either of the parties.
Full co-operation is expected to expedite the process to
coming to an agreement. The mediated agreement, even in
court mandated mediation, is always voluntary. Parties
mandated by the court to mediate have met their obligation
by coming to mediation and putting forth a good faith effort
to resolve the issues.
The mediator is not acting n the capacity of an attorney and
does not offer legal advice. Both parties are encouraged to
have and independent attorney look over any completed
agreement. Each party has the right to have their attorney
present during the mediation. An agreement will be written
up that will incorporate all issues agreed upon.
How Much does Mediation Cost?
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The cost is based upon the mediator’s hourly rate, and time
spent working on your case. If special preparation or
research is required by the mediator, there is an additional
fee according to the mediator’s hourly rate.
There is a three hour minimum requirement for a mediation
session. If travel is required there is a fee for one half
the hourly rates for time spent traveling. Fees are not
negotiable. All fees, expenses, costs, and travel time are
split equally among all parties, unless otherwise agreed in
writing.
All fees are due at the conclusion of the mediation
session. The mediation payments may be paid in cash, money
order, or Visa or MasterCard, or checks written to
Peacemaker Mediations.
Peacemaker Mediations must be notified 48 hours in advance
(not including weekends or holidays) for any rescheduling or
cancellations, for whatever reason. If proper notice is not
given, a payment of fees for the entire session will be due.
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