PRACTICE AREAS
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MEDIATION |
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Mediation is a process that encourages the parties to resolve their disputes without court intervention. Many metro Atlanta counties will require the parties attend mediation prior to appearing before the Court. At mediation, the parties and their counsel sit down in the same room with a neutral party called a mediator. A mediator is neither a Judge nor a jury and cannot make a binding decision for the parties. The mediator listens to each party’s issues and version of events and helps the parties reach a settlement agreement. Typically, the parties and their respective counsel are, then, separated into different rooms. This is called a caucus. The caucus can last a couple of hours or all day. Each party and their counsel will stay in their own room and the mediator will usually move from room to room. It is then the mediator’s job to offer creative solutions, possible resolutions and insight into possible outcomes. A mediator helps provide the parties with a neutral perspective of the facts of their case in order to help the parties come to final resolution. A mediator is generally helpful when one party is unreasonable or making excessive requests. It also helps to have a mediator suggest possible resolutions that may be received better from a neutral party. A mediator can charge anywhere from $200 to $300 per hour. These fees are charged in addition to any fees charged for each party’s attorney’s fees. Although the expense of a mediator and an attorney can be costly, in many situations it is generally less costly than pursuing further litigation. Additionally, some Atlanta counties, such as Fulton and Cobb counties, will give the parties either free mediation hours or will allow the parties to waive the fees in certain situations. If you have any questions regarding mediation, please do not hesitate to call the Millard Law Firm at (678) 319-9500.
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