Frequently Asked Questions

One of the most frequently asked questions I get is "how long is this going to take?"  There really is no magic answer for how long a mediation will take.  This will depend largely on the  parties, counsel, and the underlying dispute.  Some mediations are settled within hours and others may take days.  The focus should not be on how long it takes, but rather can meaningful progress or settlement occur in the time spent.  A word of advice - bring a book or something else that will keep you busy while the mediator is with the other side. 

Mediation is a confidential process.  Only the necessary parties and attorneys or other professional support personnel should be present.  However, there are times when parties feel more comfortable bringing someone to mediation as a form of support.  I am generally not opposed to having a "support person" present as long as they are not disruptive or counter productive to the process at which point I may ask them to wait outside.  For instance, in a divorce case it is not advised to bring a new "significant other" to the mediation.  I highly recommend discussing the attendance of all non- party participants with your attorney.   

All private mediations will be billed through Miles Mediation & Arbitration. Please visit www.MilesMediation.com for more information.  For Fulton County mediations, the initial fee is paid directly to the Fulton County ADR office prior to mediation.  Payment will be due at the end of the mediation for any Fulton mediations that exceed the initial three hours.  

No.  Settlement is not guaranteed.  Settlement is up to the parties.  As a mediaotr, I cannot force the parties to settle and that is not my job.  A mediator serves as a neutral to assist the parties in coming to a settlement or partial settlement.  Just because a case does not settle does not mean that mediation was a failure or a waste of time.  Statistically, cases that go through mediation have a better chance to settle prior to trial than those that do not.  In fact, many cases settle shortly after mediation.  This is because in mediation there is a flow of information and ideas that does not generally occur absent mediation. 

Parties do not have to be represented by counsel, however it is highly advised.  Mediators do not give legal advice - even mediators who are also attorneys.  The mediator's role is as a Neutral not a legal advisor.  If you believe you will require the advice of an attorney, please be sure to have one present at the mediation.