Mediator

Q. What advice do you have for a customer looking to hire a provider like you?

A. Mediation services are highly personal. Unlike some other things, mediators are not easily interchangeable. A mediator who would work well for you might not be a good fit for another couple, and vice versa.

Base your decision of who to hire on how you feel about the mediator after your initial conversations with them. Ask yourself if you feel like you have a rapport with the mediator. Does the mediator listen to you carefully, and respond to your concerns about the mediation process fully? Are they open to tailoring the process to your needs, or do they seem to have their own agenda?

Although cost is a consideration, do not let fees drive your decision on who to hire. Sometimes, a less expensive mediator will be the one you feel the best connection with; other times, a more expensive mediator will be a better fit. The thing to remember is that, if the mediation is successful, you will save a great deal of time, stress, emotional pain, and money versus proceeding in court, so the most important thing is to choose a mediator who will give you the best chance to resolve your divorce without litigating to the bitter end.

Q. If you were a customer, what do you wish you knew about your trade? Any inside secrets to share?

A. It is important for customers to understand that mediation is relatively unregulated in Georgia. Unlike attorneys, although mediators can register with the state, it is not actually required for them to mediate privately (although it is a pre-requisite for working in most Court-based alternative dispute programs). In theory, anyone can "hang out a shingle" and call themselves a mediator. So, it is important to check out a mediator's credentials before you hire them, to make sure they have gotten specialized training in conflict resolution and are qualified to handle your case. Being registered with the Georgia Office of Dispute Resolution means that the mediator has received that kind of training, and has passed a background check, so that's a good initial credential to check. If you are looking for a mediator to help you with a divorce case, look for them to be registered as a family law mediator, as well as a general civil mediator.

Q. What important information should buyers have thought through before seeking you out?

A. Buyers need to think about whether or not mediation is a good fit for them. In some cases, buyers may realize that the conflict between them is not actually that serious, and they are in a position to work things out amicably with the other side without the need to mediate. In other cases, buyers may not have a dispute that can be mediated, or may not have a party on the other side who is willing to try mediation.

Still, buyers should not assume mediation isn't possible; it is surprising the number of times the other side is interested and willing to try to find a mutual agreement if they are asked, even where the conflict seems completely unsolvable. A good mediator will work with you early on and will help you determine whether mediation is a good idea in your particular situation.

In divorce cases, if there has been spousal or other family violence, mediation may or may not be appropriate. Domestic mediators in Georgia registered with the Georgia Office of Dispute Resolution have all received training in how to screen for domestic violence, and many of them have specialized domestic violence training that enables them to mediate such cases while protecting the abused party from further abuse. They can help you determine whether mediation is still a possibility in such cases.