What is Mediation?

Mediation is the art of building agreements with the assistance of a neutral third party. The 'neutral' or mediator is trained to facilitate conflict resolution.

Mediation is:

• Cost-effective
• Client-centered
• Confidential
• Voluntary
• Empowering
• Non-binding
• Tailored to your needs
• A process emphasizing the interests of the parties rather than rights

Unlike a judge or an arbitrator whose decisions subject one party to win and the other party to lose, mediation is about finding a solution that works best for all parties involved.

Should you not be able to reach an agreement, you still retain your right to take your case before the court.

What is Arbitration?

Arbitration is an ADR(Alternate Dispute Resolution) process in which an arbitrator or panel of arbitrators conduct a hearing where the parties and their attorneys present demonstrative, written, and oral evidence. Following the hearing, the arbitrator renders a decision and/or award.

For more detailed information about various forms of conflict resolution, visit the
Georgia Office of Dispute Resolution.

What does a Mediator do?

A mediator helps parties in dispute by leading and facilitating the negotiation process. Mediators act in a neutral manner and work to ensure each party understands the facts and issues.

What the mediator is not: a mediator cannot act as your attorney or advise you on legal matters. A mediator cannot act as your financial advisor or as your emotional counselor. As mediators we always advise parties they should contact other professionals, lawyers, accountants, and counselors for professional advice.

Why a Non-attorney, counselor/mediator?

When I tell someone I am a mediator they often respond, "So, you are an attorney?" When I tell them "no", they often say "I thought all mediators were attorneys." Many attorneys do mediate and are looking to help people solve their conflicts. Recently, law schools have begun to add Conflict Resolution courses to their overall course curriculum.

Mediation was created as an alternative to the courtroom and the legal system. It is a process offered as a form of Alternate Dispute Resolution (ADR). Attorneys are trained to argue a case, working to persuade the judge and/or jury that their clientʼs side of the argument is correct.

Counselors are trained to decrease conflict, clarify communication, listen, and reflect what the parties are saying. These skills coupled with compassion and a results oriented approach often allow the Christian Counselor the patience and resources to work through difficult negotiations, while always remaining client-centered throughout the process.

How long will it take?

The length of a mediation depends upon the number of issues to be resolved as well as the complexity of each of the issues. Our experience shows that a 3-4 hour mediation session works well. Often, in more complex cases, we will schedule multiple sessions at least one week apart. This gives the parties time to gather the information needed as well as time to consult with attorneys and other professionals if necessary.

May I bring my lawyer?

Your lawyer is certainly welcome to attend the mediation and can provide the benefit of legal counsel during the mediation process. You do not have to have a lawyer. Really, you are the only one who can decide whether you wish to have a lawyer present.

What if I donʼt want to discuss everything in front of the other party?

The Mediation process includes caucusing or private meetings with the individual
parties. Anything discussed with the mediator, in caucus, is confidential unless the
parties wish to share the information or ask the mediator to share it for them.

What is a Memorandum of Understanding?

Throughout the Mediation process, the mediator is working to form a document known as the "Memorandum of Understanding". This is a final document listing the terms and details of the agreement reached between the parties, and will be signed by both parties at the end of the Mediation. We encourage our mediation clients to have legal counsel review the document.

What is team Mediation and why do you sometimes use this approach?

We have found team mediation, the pairing of an Attorney/Mediator and a Counselor/Mediator to be beneficial for clients in some Domestic cases. As a female Counselor/Mediator, Leah Cagle works with a male Attorney/Mediator. Our team approach allows us to address both the emotional and legal aspects of the divorce. We are also equipped to address the different perspectives between men and women. The hourly cost is the same whether we team mediate or not. So, you get the benefit of two mediators without the extra cost.

What happens if we do not reach an agreement?

If no agreement is reached, you may still exercise your right to proceed through the regular court procedures. Clients have found, even if no agreement is reached and they proceed to Court, Mediation helped them identify and clarify the important issues.