About Mediation
Resolving Conflict
Conflict is like a jigsaw puzzle. Like the individual pieces of the
puzzle, the issues are often obscure and hard to find. As we try to
resolve the problem the issues in the conflict may be moved or reshaped
by changing circumstances. This makes solving the puzzle even harder.
Sometimes, no matter how hard we try, we just can’t seem to fit
the pieces together to form an equitable solution. That is where the
assistance of a specially trained neutral third party called a mediator
may be helpful.
Mediation is an informal discussion of the issues in dispute led by
a neutral mediator who is trained to help reach a wise agreement that
satisfies the interests of all parties. The mediator first meets with
all parties and gives each of them a chance to fully explain the problem
as they see it. Then each party meets separately with the mediator in
a confidential caucus to further explore the issues and discuss settlement
options. Once the framework of a possible agreement emerges, the parties
discuss it and the mediator writes a plain-language memorandum of understanding
that all parties sign.
Mediation differs from arbitration in that the parties themselves make
the final decision with the help of the mediator, rather than the arbitrator
making the decision for them.
Why Should I Try Mediation?
Mediation
offers many advantages over settling disputes through the courts or
through arbitration. Here are just a few of them.
- More Control—The parties control the outcome instead
of a third party.
- Less Cost—Mediation is much less expensive than litigation.
- More Flexibility—An agreement can be structured to
meet everyone’s key needs.
- Less Stress—Mediation is an informal process that
avoids the trauma most people feel when they must testify in court.
- Relationships Preserved—With mediation it is much
more likely that important relationships will be preserved.
- Better Agenda—The parties determine what issues will
be discussed and the order and pace of the discussion.
- Confidentiality—Mediation is conducted in a private
setting. All parties and the mediator agree in advance to keep confidential
everything that is said during the mediation
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.
Should I consult with my attorney, counselor
or pastor?
By all means. 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 it 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.
“Discourage litigation. Persuade
your neighbors to compromise whenever you can. Point out to them how
the nominal winner is often a real loser—in fees, expenses, and
waste of time.” —Abraham Lincoln
