Mediation

Our Mediation Services

When disputes arise, the parties can become so entrenched that they lose sight of the ultimate outcome. Emotions can play a role, or one or both sides become overinvested in “winning.” The reality is often that the dispute could be more easily resolved if the parties could take a step back and look at their conflict from a different perspective. Mediation can help you better understand the issues that separate you and help you facilitate a better result than you may be able to obtain through litigation.

What is Mediation?

Mediation is a method of alternative dispute resolution. In mediation, both parties must first agree to participate unless they have a prior agreement that requires the dispute to first attempt resolution through mediation. The process involves working with a neutral third party referred to as a mediator. The process may take place in a single meeting or over a series of meetings where the mediator will explain the issues involved, summarize the parties’ respective positions, and discuss the potential outcomes. The parties then attempt to resolve their dispute through a somewhat informal negotiation process.

The Role of the Mediator

It is important to understand the role that the mediator plays. The mediator is neutral in the same way that a judge will be neutral in a trial. Unlike in arbitration, however, the mediator will not decide your case. Instead, the mediator will attempt to help the parties find a mutually agreeable resolution to their dispute. They can suggest potential resolutions, including creative solutions that are not available through litigation. For example, one remedy could be that one party issues a private, written apology to the other for harm that they have caused or agree to donate to a specific charity. The mediator can help you reach an agreement that includes mutually agreeable remedies uniquely suited to your dispute.

Meditation is Typically Non-Binding

Mediation is often non-binding which means that the parties are not obligated to comply with whatever resolution is reached. This can be both an advantage and a disadvantage. The advantage is that parties can enter into mediation without risking whatever legal rights they may have. They can choose to proceed to litigation if they decide that the resolution is inadequate for whatever reason.

The disadvantage is, however, obvious. You thought that the dispute was resolved but then the other party chose not to comply with the terms of the agreement. As a result, it can feel like you wasted your time in mediation. However, the parties can choose to make their agreement enforceable in court. This means that you can proceed to court without having to relitigate the entire case. The mediator can help you draft an agreement that clearly outlines each party’s rights and remedies in the event of default.

Contact Middle Georgia Mediation Today

At Middle Georgia Mediation, we believe that mediation empowers parties in conflicts to find better outcomes faster and with less expense than litigation. If you are interested in learning more about mediation, contact us today by phone or email.