FAQs
What is mediation?
Mediation is a conflict resolution process where an impartial mediator helps parties communicate and negotiate to reach a mutually acceptable agreement. Mediation is widely used because it's typically faster, less expensive, and less adversarial than litigation. It's also confidential - whatever is said in mediation, stays in mediation - and allows for more flexible solutions.
Why choose mediation?
Mediation is worth considering because it offers a faster, less costly, and more collaborative alternative to traditional legal proceedings. It allows you to maintain control over the outcome rather than having a decision imposed by a judge or jury.
How does mediation work in divorce and family cases?
Divorce and family law cases often result in consequences that extend beyond the legal proceedings; affecting finances and emotional well-being.
What happens if we don't reach an agreement?
There are no guarantees with mediation. If the mediation session is not progressing, either party may request termination of the mediation session. If the mediator determines the parties have reached an impasse, the session will be terminated by the mediator. If the mediation was court ordered, the mediator will advise the court that resolution could not be reached on some or all of the issues and the case would proceed to court. If not court ordered, it would be up to the parties to determine how to proceed. The parties do not lose their right to sue, subject to any statue of limitations.
I know I will win my case in court. Why should I choose mediation?
There is no such thing as a "predictable" outcome when the decision is out of your hands. And getting your day in court can be costly, stressful, and a long, drawn-out process. When you finally get to court, the case takes place in a public courtroom for anyone to witness. A multitude of evidence, documents, witness testimony, cross-examinations, objections, motions, and court rulings can be overwhelming, not to mention difficult for a jury to follow and truly understand your case. Mediation allows for a more predictable, efficient, and controlled resolution. If mediation doesn't resolve the issue, the case can still proceed to court. Additionally, most courts require mediation before the case can proceed through the court system.
Your company's name is Thompson Mediation & Arbitration. What is arbitration?
The arbitration process mirrors certain aspects of a trial, as both sides present their evidence and arguments to an impartial arbitrator. Each party has the opportunity to present compelling facts and evidence to strengthen their case. Ultimately, the arbitrator delivers an "arbitration award," a binding resolution that finalizes the matter; similar to a judge issuing a ruling. View our Services page for more details.
How do I get started with mediation?
Once you've determined mediation is right for your dispute, share our information with the other party(s). If they agree to mediation, give us a call or use the Contact Us form to schedule your mediation session.
Is mediation used instead of court?
It depends. Mediation is often used as an alternative to going to court. However, in many instances, when you file a case in court, such as a divorce case, the court may instruct you to go to mediation first. The more issues the parties can work out without the court's involvement, the better for all involved. Any remaining issues can then be litigated with the judge or jury making the final determination on only those issues.
How does mediation work?
The mediation session is typically conducted virtually or takes place with the parties in separate rooms so the parties never come into physical contact. The mediator serves as the intermediary - guiding the process, ensuring a respectful and productive discussion, clarifying issues, and helping parties explore potential solutions. Once a resolution is reached, the mediator will put the agreement in writing for the parties to sign. Once signed, the agreement comes binding.
How do I know mediation will work for my situation?
The success rate of mediation is high with roughly 70% of disputes reaching a resolution. However, the parties are in control of the outcome. Mediation works best when all parties are committed to finding a resolution.
Is mediation legally binding?
In cases like divorce or where a court filing has been initiated and the parties have been ordered to mediation by the court, the agreement is submitted to the court for approval. Once approved the agreement becomes an official court order. When an agreement is reached in a dispute that hasn't reached that level of a court case, the agreement can become legally enforceable by the parties signing the agreement and having it notarized. Thereby making the agreement an enforceable contract.
Do I need to be represented by an attorney at the mediation session?
It is up to you whether you choose to be represented by an attorney during the mediation session. Mediation is different from litigation in that that parties control the decisions being made. Attorneys who attend can provide legal advice and ensure you understand your rights and options. If you choose not to be represented by an attorney during the mediation session, you will be given three (3) days to have the agreement reached in mediation reviewed by an attorney before the agreement becomes final. Please note: An attorney will likely charge a fee to attend the mediation session. This is in addition to the mediator's fee.
When is mediation not the right choice?
Mediation isn't appropriate for every situation. For example, if one party is unwilling to negotiate in good faith or if the case involves serious legal rights, a court's authority might be necessary.
I still have questions about whether my dispute is right for mediation. Can I tell you about my case and get more information?
We are happy to discuss the logistics and how mediation works. However, to remain neutral, mediators are not permitted to discuss the specific issues and facts of your case outside of the mediation session. Mediation is appropriate for about 95% of cases,. As long as the parties are willing to negotiate in good faith and full disclosure, mediation will likely resolve the issues in dispute.
Registered with the State of GA Office of Dispute Resolution​
General Civil Litigation, Domestic Relations, Specialized Domestic Violence, and Arbitration
The Mediator/Arbitrator is a neutral party and does not provide legal or financial advice to mediation or arbitration participants. Although not required to be represented by an attorney, participants are free to hire or consult legal counsel at any time.