Wm Boyd Lyons
Tel. 404-252-4325
boydlyons@mindspring.com
The Facts 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 mediator may be helpful.
The Process
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.
In domestic mediations the issues usually fall into several broad categories. Parenting issues include deciding how much time children will spend with each parent regularly and during holidays, and how important decisions such as education and health care can be made by the parents working together. Child Support is calculated using the official Georgia guidelines with permissible deviations, taking into consideration flexible ways that both parents can contribute to the children's care. Asset and Liability Division includes questions about disposition of the marital residence, handling of retirement accounts and payment of marital debts. Support of Spouse questions involve whether one spouse needs ongoing monthly support from the income of the other spouse on either a temporary or permanent basis. Support questions arise when there has been a long marriage during which one spouse hasn't worked outside the home and is either disabled or needs support in order to re-train for entry into the workforce.
Agreement
The goal of mediation is to reach a comprehensive agreement covering all of the relevant issues. The mediator drafts the agreement with the parties' assistance. If children are involved, the agreement includes a detailed parenting plan and a child support calculation based on the Georgia child support guidelines. Before the agreement becomes binding, each party has a period of time to review it with his or her own attorney and advisor and to either renegotiate any particular parts that are of concern or, if necessary, avoid the entire agreement.
There is no guarantee that mediation will result in a full agreement on every issue. That final decision is up to the parties. If agreement cannot be reached on all issues, then all of the issues will at least be identified and some issues can be reserved for either later agreement or resolution by a court. In those cases the expense and trauma of litigation can be substantially reduced because the issues being litigated are limited. The great majority of cases result in an agreement, but even when no formal agreement can be reached there is a significant benefit to both parties because they understand the issues better and know where each other stands.
If a couple desires a legal divorce the mediated agreement can be presented to the court for approval with a request for an uncontested divorce. Although formal legal proceedings may be required to obtain that, the case can be uncontested because the couple has already agreed on all of the issues. That means that the proceedings are quicker and much less expensive. In many cases it is no longer necessary for either party to appear before a judge. If no immediate divorce is desired, the couple can use the mediated agreement as a legally enforceable guide to determine how they are going to conduct themselves and meet their financial obligations to each other when they can't otherwise agree--something that can be extremely valuable in a restructured family spread between two households.
Frequently Asked Questions
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 mediationWhat 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. 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.
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.
How can I find out more?
Call Boyd Lyons. A telephone or personal conference with you and/or your spouse can be arranged without charge.
“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.
Wm Boyd Lyons
Tel. 404-252-4325
boyd@boydlyons.com
