Jody A Miller, Attorney At Law

Family Law mediation is a process in which the mediator, a neutral certified with the State, meets with both parties to assist in reaching a resolution in all or some of the issues that must be resolved in the case.  It is always helpful in cases involving financial issues when clients bring to the mediation a budget and as much information as possible about their income, assets, and liabilities.  If there is real property involved, it is helpful for the mediator to know the amount of the liens on the property and the approximate current fair market value of the house.  Realtors can be very helpful in giving an estimate of the fair market value, often for no fee.

The mediator helps both parties identify and discuss the issues involved in the case.  Mediators do not judge, make decisions, or take sides; they help parties communicate and hear what the other is saying.  This process is facilitated by the mediator encouraging the parties to talk about their needs and interests in a non-positional manner.  The mediator helps the parties summarize and clarify and define the issues, develop options and resolution possibilities, evaluate and choose options by playing “what if” and reality testing, and drafts any agreement reached.

Mediation is confidential and anything that is discussed in the mediation remains confidential.  If an agreement is reached, the mediator will draft a memorandum of understanding that is clearly written and as detailed as possible so that the parties can use that memorandum as the basis for a future court order.

Parties can engage in voluntary mediation before or after a case is filed, or they may attend court-referred mediation if the policy of the local jurisdiction is to refer all Family Law cases to mediation once they are filed.  Parties are free to choose their own mediator, and lists of certified mediators can be found at the Georgia Office of Dispute Resolution web site, www.godr.org, or at the Alternative Dispute Resolution offices of most counties.