DECISION MANAGEMENT ASSOCIATES

* 1100 Hill Place Macon, GA 31210 * (478) 477-3317 * 800-274-8150 * dma-adr@mindspring.com

MEDIATION

Mediation is a process in which a neutral third party, called a mediator, assists disputants in reaching an agreement settling part or all of their differences. The process is non-binding, unless an agreement is reached, and the mediator has no authority to decide the issues or force a settlement. The actual conduct of the mediation may vary depending upon the style of the mediator and the nature of the issues in your case.

The mediation, ordinarily a voluntary process, is private, informal, and confidential. There are no court reporters, stenographers, or court officers allowed to participate. The mediator will guide the conduct of the mediation without the formal rules of evidence or procedure used in a court proceeding. The parties may work with the mediator to establish some ground rules, time limits, and the necessity of future sessions.

The mediation usually begins in joint session with an introduction of the process by the mediator. Each party is then given an opportunity to express their points of view and feelings; after which, the mediator may move back and forth between joint and private meetings, called caucuses. During this process, the mediator assists the parties in clarifying interest, discussion areas of disagreement, identifying options for possible solutions, and if possible, developing a Settlement Agreement.

Throughout the process, the mediator will focus on the parties and their interests, concerns, and perceptions. Because the mediator’s emphasis is on the parties and not the law, attorneys (if present) can be helpful in discussing legal principles and rights that may be involved. A common understanding of what is likely to occur if the case is litigated can have a positive influence on the mediation.

If a settlement is reached on all or part of the issues, the mediator may assist the parties in drafting the Settlement Agreement. The parties should then consult with their attorneys regarding the preparation of all legal documents.

Frequently Asked Questions

  1. Does Mediation Really Solve Conflicts?
  2. When Should I Go to Mediation?
  3. Do I Have to Go to Court First?
  4. Do I Need a Lawyer?
  5. Is a Reached Mediation Agreement Binding?
  6. Where do I find a Mediator?
  7. What are the Costs involved in Mediation
  8. What if I have More Questions?

Does Mediation Really Solve Conflicts?

Yes. Mediation has a 85% settlement percentage nation wide and a 76% settlement percentage in the state of Georgia.

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When Should I Go to Mediation

You should consider mediation when you are in a conflict with another person or entity and feel that you need assistance in resolving the matter. A wide variety of situations are handled by mediation including civil suites, divorces, family conflicts, internal office disputes, employment disputes, community conflicts, discrimination cases, and even some criminal cases.

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Do I have to Go to Court First?

No. Some court cases are ordered by a judge to mediation but this is not required. Often, a great deal of time, money, and personal energy can be saved by going to mediation before court.

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Do I Need a Lawyer?

This depends on you. Legal representation is often included and can be beneficial to the client and the process, but it is not required for mediation.

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Is a Reached Mediation Agreement Binding?

Yes. If an agreement is reached at the end of the mediation process mediator will write the settlement agreement with complete input from the parties. The parties then sign the agreement making it binding and enforceable.

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Where do I find a Mediator?

DMA is an experienced mediation company and we would be happy to talk to you personally about your situation and provide your mediator. You can also speak to your legal council for his/her recommendations.

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What are the Costs Involved in Mediation?

For DMA mediation rates, please contact our office.

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What if I have More Questions?

Feel free to contact us at your convenience and we will happily answer any more questions you may have.

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