What is mediation?
Mediation is a non-adversarial process where the parties work together to resolve their dispute. It is a cooperative problem-solving process with the goal of the parties working together to find a resolution that works for ALL parties.
Why should I use mediation?
In litigation, a judge decides a winner and a loser. In mediation, the parties, guided by the mediator, work together to find a resolution to their problems. Mediation is often less expensive than formal litigation. The parties have more control over the process and have the chance to come up with more creative solutions than those offered in a courtroom. The goal is for all parties to leave mediation satisfied with the resolution.
What happens at mediation?
The parties meet together, along with their attorneys (if they have one) and the mediator. Each side tells their side of what brought them to mediation. The mediator helps identify the goals of the mediation process. Then, the mediator meets with each party separately before bringing them back together to try to find a reasonable solution. The mediator guides the parties through the process, allowing them to work together to find a solution that works for everyone. If the parties are already involved in litigation, the mediator can assist the parties in drafting an agreement which can resolve the litigation. If the parties are not already in litigation, the mediator can help the parties write an agreement which will guide the parties going forward.
Who will find out what we talked about in mediation?
Mediation is a confidential process. While the final agreement may be filed with the Court, the details of what was discussed in the mediation process remain confidential and do not become a part of the court record.
What is the role of the mediator?
The mediator is a trained neutral who guides the parties through the mediation process, eventually leading the parties to find a resolution to the issues that brought them to the table. Even if the mediator is an attorney, the mediator is not acting as an attorney for either party, the judge, or the decision maker. Instead, the mediator guides the parties through discussions with the goal of the parties finding a satisfactory resolution to their problem.
Do I need an attorney to attend mediation?
No, you do not need an attorney for mediation. If you have an attorney already or are involved in litigation already, you should talk to your attorney about the benefits of mediation.
What kind of mediation training has Kate had?
As an attorney, Kate participated in numerous mediation sessions on behalf of her clients. She saw the numerous benefits of the process and decided to become a trained mediator herself. Kate is a certified and registered General Civil Neutral in the state of Georgia. She received general mediation training and hands-on learning through the general civil mediation practicum at the Justice Center of Atlanta, which is is approved by the Georgia Office of Dispute Resolution.
I think mediation would help me. What should I do now?
We would love to speak with you and answer any additional questions you might have. Reach out and we can discuss the next steps- send an email to kate@kluglawllc.com or call us at 678-701-8639.