by Christina L. Scott, JD #1 Discovery - One of the greatest barriers to settlement in mediation is lack of relevant documents or incomplete discovery. It is extremely difficult to make a financial offer without sufficient proof of the financial standing of each party. For example, alimony or child support cannot sufficiently be established if both parties have not produced w2’s, check stubs, tax returns, profit and loss statements or the like. Being unprepared without these

by Christina L. Scott, JD Over the years, I’ve asked attorneys to define “good faith” in mediation and I’ve received many different responses. Some say, so long as you come to mediation with at least one reasonable offer, it’s good faith. Others have said that merely being present at the mediation is good faith. Recently I had a case in which one of the parties said something like this, “Our good faith offer is the amount of damages for the lawsuit. If they can’t come to that

by Christina L. Scott, JD Mediation is still one of the best tools for disputing parties to resolve conflict when all parties are committed to doing the work. Mediation, however, takes time and is generally not a quick process. If the parties intend to settle, it will invariably take longer than expected. Undue frustration is often caused when parties arrive at mediation with the expectation that it will be done and over within 1 hour. There is also a risk of damaged goodwil

**This article was published in the Spring 2024 Edition of The Family Law Review. A publication of the Family Law Section of the State Bar of Georgia. By Christina L. Scott, J.D. When I first began mediating many moons ago, I will never forget the time a very large and intimidating man showed up as a “support person” for a wife in a divorce case. I remember asking him who he was and how he was affiliated with the case. He said, “I am here to make sure he (the husband) knows

by Christina L. Scott, J.D. Mediating virtually during our global pandemic continues to serve as the safest substitute for in-person cases. Mediating virtually, however, can sometimes pose significant challenges for all parties involved. Some of these challenges include platform fatigue, the difficulty of “reading” people on the screen, and participant disconnection. Ask anyone who frequently does virtual mediation and they’ll agree that mediating online is far more draining

By Christina L. Scott, J.D. They say adversity is the mother of invention and COVID-19 is certainly no exception. Never before in our lifetime have we been faced with a global event that affects every single person on the planet. This challenge has caused many of us to push ourselves beyond our comfort zones and to think outside the box. The legal industry is no exception. Cloud or video mediation is happening and it works! Some people, however, are still a little apprehensiv

By Christina L. Scott, J.D. During this difficult time, many law offices and other businesses have closed which has caused some parties to cancel their mediations. The good news is that mediation no longer needs to be cancelled or postponed! Covenant Mediation Services is now utilizing a video conferencing service that allows the participants to join a video conference mediation. Parties will be able to either download a little software onto their device or access the platf

By Christina L. Scott, J.D. Mediation is perhaps one of the greatest processes people can use to resolve conflict. Many people unfamiliar with mediation, however, have varied opinions about the role of the mediator in the process. Many think the mediator’s role is to be a magician, a case evaluator, a judge, a counselor, an investigator, a bully, an advocate, and other roles but this is not so. The role of the mediator is to provide and facilitate a fair and confidential pr

By Christina L. Scott, J.D. In mediation’s involving personal injury or contracts, it’s not uncommon for parties to disagree about whose turn it is to make an offer. This is because there was probably some number offered prior to mediation or even prior to the filing of the case. Depending on how long ago this occurred, parties may be confused as to whose turn it is to move. This is a great reason why parties should bring emails or similar evidence of last offers to the media

By Christina L. Scott, J.D. Not long ago, I was speaking with a new lawyer about the steps involved in the mediation process. The lawyer was surprised to hear that there is a part of mediation called a joint session because he had never seen this part of the process. I explained that many family lawyers wish to go straight into caucus after the mediation guidelines and avoid the joint session which includes the opening statements by the parties. I have been given many reasons

By Christina L. Scott, J.D. Why skipping the parties opening statements is not always the right thing to do In my experience, many family...

One of the most important parts of the mediation process is the review of the Mediation Guidelines (Guidelines), also referred to as the Mediator Opening Statement. I am often surprised to hear that some mediators will waive the Guidelines. Though most attorneys have heard the “preliminaries” hundreds of times, the clients have not. Many times, clients do not have any familiarity with mediation or the process. Here are just a few reasons why this important step should not

*This article was published in the inaugural edition of Resolution Alley, a publication of the Alberta Arbitration & Mediation Society in February 2014. An essential skill for mediators is the ability to remain neutral - not only in words, but in non-verbal communication as well. Staying neutral is often a challenge, but it is necessary in order to maintain the integrity of the process. According to Webster's Dictionary Neutral means "not aligned with or supporting any side

Selection of the Mediator One of the central tenants of mediation is agreement by all parties involved. Did you know that this also includes the selection of the mediator? Yes, if parties are to successfully mediate, they must all agree to use the suggested mediator. Most attorneys have a list of preferred mediators that they believe to be good mediators based on their experience with them. Other attorneys may seek referrals for mediators from other colleagues in their prac