Preparation
You can prepare for mediation by determining your specific interests that need to be addressed in order to develop a settlement plan. Outline the issues you would like to convey to the opposing party and the mediator. Bring any documents you find relevant to your position.
In domestic cases, a copy of your financial affidavit must be filed with the court and brought to the mediation session. You may also need to bring business records, tax returns, documents relating to property values, and account balances. What you need to bring will depend on the issues involved in the dispute. Remember, in domestic cases a financial affidavit is always required. The better prepared you are for the mediation session, the more likely the chance of success.
Attendance
Mediation is not a substitute for legal advice and the mediator does not give legal or financial advice. The mediator focuses on helping participants reach their own agreements and does not represent either party. The parties' lawyers advise their clients on the law and complete the legal process. If you are represented by counsel, generally counsel is required to be present for the mediation. The mediation process will involve only the parties to the case and their attorneys.
For mediation to work well it is essential that the individuals with ultimate settlement authority attend. If a claims adjuster attends with less than ultimate settlement authority, the superior with ultimate authority must be readily accessible by telephone.
Issues Resolved in Mediation
If an agreement or partial agreement is reached, the mediator will prepare the agreement, and review it with the parties. If attorneys do not attend, the parties will have ten (10) days in which to have the agreement reviewed and approved by separate attorneys for each party.
678-333-1451 mk@knightmediation.com
Gwinnett County Mediation Attorneys
Contact Michelle M. Knight, Esq.
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