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Is my case right for mediation?
Mediation offers tremendous benefit for litigants or potential litigants, particularly in cases involving family law (divorce, custody and support). Courtroom litigation is expensive both emotionally and financially. Instead of the parties' deciding their own outcome, it is left in the hands of a jury or a judge. More often than not, both parties leave the courtroom angry, frustrated and confused. Even so-called victories come with the price of costly legal expenses and public disclosure of very private matters.
Mediation is an alternative which allows parties to resolve their case peacefully in a non-threatening and comfortable atmosphere. With the help of an experienced family law mediator, parties are able to come to terms on issues as to custody, child support, alimony, property division, debt division, insurance, and tax matters.
Parties who are able to resolve their conflicts by agreement in mediation are more likely to follow their agreement and less likely to litigate against one another in the future.
What is the role of the mediator?
The mediator's role is to help the parties resolve the dispute by identifying issues and exploring various approaches to settlement. Because Mr. Finch's practice is limited to family law mediation and arbitration, and because of his extensive experience as a family law attorney, he has a unique understanding of the painful emotions involved for parties going through a divorce, as well as the legal and financial issues involved in a divorce.
Can what I say in mediation be used against me?
Settlement discussions and negotiations that occur during mediation are confidential. The mediator cannot be called as a witness for either party.
Do I have to stay in the same room with my spouse or can we meet privately with the mediator?
Most mediations are done in "caucus," where both parties are present at the mediation, however, they each have their own private conference room.
Do I need an attorney?
Mr. Finch mediates for private parties without attorneys, as well as individuals who are represented by counsel. In the event that the parties are not represented at mediation and the dispute is resolved, the parties may take their mediated agreement to their respective attorneys for review. In the event the parties are not represented by counsel, Finch Mediation will, for a flat fee, draft the final paperwork for filing by the parties with the mediated agreement and will provide the parties with explicit instructions regarding filing requirements for the court with jurisdiction over their case.
Can Mr. Finch represent me?
Mr. Finch’s practice is limited to family law mediation and arbitration. He cannot represent either party in a mediation, nor can he provide legal advice. His role is to facilitate settlement of the issues.
What is the cost?
The mediation fee is $100.00 per hour, per party, or $200.00 per hour total, for mediations conducted at our offices in Athens, Georgia. For mediations outside our office, the fee is typically $125.00 per hour, per party, for a total of $250.00 per hour. The mediation fee is often divided between the parties. Payment is made at the conclusion of the session; however, Mr. Finch may require a scheduling fee for unrepresented parties. Any post-mediation work, such as drafting of the memorandum of understanding detailing the agreement, is charged at the same rate.
If we reach an agreement, can Mr. Finch draft the divorce papers for us?
If an agreement is reached in mediation and the parties are not otherwise represented by counsel, Finch Mediation will, for a flat fee, draft the final paperwork for filing by the parties with the mediated agreement and will provide the parties with explicit instructions regarding filing requirements for the court with jurisdiction over their case.
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