What kind of disputes can be resolved through mediation?
Nearly all types of cases can be resolved through
mediation. Domestic relations matters, business disputes,
disagreements between neighbors, employment issues and church
conflicts are often successfully resolved. In the domestic
relations area not only divorce, but modification of custody or
support and paternity issues can often be effectively resolved.
Should I consult with my attorney, counselor or pastor?
By all means. Many couples feel more comfortable
coming to the first mediation session without an attorney or other
advisor. You and your spouse can speak with each other
knowing that what you say in mediation cannot later be used against
you in court and that you can always recess the mediation process
and seek legal or other advice if needed. In addition, we encourage full consultation with
pastors, attorneys, counselors, financial advisors, and any other
person who might help with a solution. If no attorney is with you
during the mediation conference, you will have the opportunity to
have an attorney or other appropriate advisor review the mediation
agreement before it is made final.
Is an agreement reached through mediation legally
enforceable?
Yes. Under Georgia law, a written mediation agreement may be legally
enforced as a contract or a settlement of pending litigation just as
if a judge or jury had decided the case. If an agreement is not
reached, the parties may still proceed through the courts just as if
the mediation hadn’t taken place. The mediator is bound to
confidentiality by a strict ethical code and may not be subpoenaed
to testify in any subsequent legal proceedings. What is said and the
documents that are produced during the mediation are privileged and
confidential and may not be used as evidence in court unless
otherwise discoverable under applicable law.
What if we cannot reach an agreement ?
A high percentage of mediations result in a final written
agreement. The result is really up to the participants.
If you don't settle and your dispute is litigated later nothing said
in mediation can be used against you. Documents produced
during mediation can be introduced only if they are otherwise
discoverable under the legal rules of evidence. If you are
unable to reach an agreement on everything, it is likely that
you will agree on some things. This will make litigation
simpler and will narrow the scope of the controversy. Often it
is wise to write down the partial agreement and sign it so that it
will be binding in the future. You do not lose any legal
rights by trying to mediate.
Where will the mediation take place?
Arrangements have been made with several churches in
different parts of Atlanta to use their facilities on weekdays.
This provides a private, secure environment for the mediation
sessions. If necessary, a conference room at an executive office
facility can be arranged. After the session much of the follow up
work ( agreement drafting, etc.) can be handled by phone or e-mail.
How long does mediation take?
The amount of time for the process varies depending on the speed
with which you and your spouse are comfortable in making decisions
and verifying financial data. Typically, the first session lasts
3-4 hours. Then some follow up is done such as verifying asset
valuations and debt amounts and drafting preliminary or partial
agreements. A second session may be necessary. It is not unusual
to resolve all matters and have a final agreement within a month.
How much does mediation cost?
Mediation is far less expensive than litigation. An hourly fee is
charged for the time spent in the mediation sessions, and a lesser
fee is charged for follow up work done in the office. The cost is
typically less than half of the cost of prosecuting a litigated
case.
How do I get my spouse to agree to mediation?
Find a time when you can talk with your spouse calmly about the
future. Talk about the fact that alternative methods of resolving
marital disputes without going to court are available, and that you
can try those those methods without prejudicing your position in any
future litigation. Refer your spouse to this Website and to other
resources on the Internet. Ask your spouse to call Boyd Lyons for a
consultation about the mediation process (not your particular
marital issues) without charge.
