Effective July 1, 2021, Georgia becomes the thirteenth state to enact the Uniform Mediation Act (the “Act”).1 The Act, which was drafted in cooperation between the American Bar Association’s Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws, offers uniform standards for mediators and parties who agree to participate in … Read more
Much has been discussed over the years as to the importance of maintaining the concept of confidentiality as part of the mediation process. Any concern relating to lack of confidentiality during the process would risk the incentive of openness and honesty during settlement discussions. In that the concept of confidentiality is crucial for a successful … Read more
There is an ongoing debate over the benefits of including opening statements in mediations. Opponents claim that allowing opposing parties to make (possibly vitriolic) statements, outlining the strengths of their respective cases and the weaknesses of the opposition, is the last thing needed right before the parties attempt to resolve their dispute. Supporters contend that … Read more
One of the main reasons that mediations fail is the lack of open communication between the parties. It is essential for both parties that voluntarily enter into the effort at resolution through mediation to have the opportunity to be heard on their concerns and needs which led them to litigation. It is equally important for … Read more
If we were to look at why conflicts develop between individuals or even companies, it is likely due simply because of differing opinions between the parties. Those differing opinions can be due to the disputing party’s frame of reference to a situation as compared to their intentional effort to challenge the other party. Everyone has … Read more