As a board member of the Georgia Child Support Commission and a member of the Statutory Review Committee, I’m happy to finally announce...

By Christina L. Scott, J.D. Many years ago in an advance mediation training class, I remember my instructor saying, “in order for good sound decisions to be made, we need both Emotion and Logic.” After hearing this, I started to pay attention to my own decision-making process and that of others. I soon realized that there is some truth to this statement. What I also learned is that too much of either in mediation can hinder progress and lead parties straight to impasse. Our

by Christina L. Scott, J.D. Georgia O.C.G.A. 19-7-3.1, also known as the Equitable Caregiver Act, grants legal recognition to an adult...

by Christina L. Scott Mediation position papers can be very helpful to the mediator in civil and commercial disputes. These papers are usually confidential in nature and the contents are never revealed to the opposing party without express permission. Position papers, however, do not have to be confidential. Both parties can agree to exchange papers with each other and the mediator. When drafting a position paper, be sure to write it persuasively and not just provide a resta

by Christina L. Scott, J.D. I once heard an attorney in a mediation say, “I feel like I’m losing.” Many thoughts flashed through my brain in a matter of seconds. My simple response was reminding counsel that it was not her case and so long as the parties agree, they could decide to settle the case however they desired. Sometimes, it is easy for good attorneys to be caught up in “feelings” during mediation. After all, attorneys are advocates and are highly motivated by winn

By Christina L. Scott, J.D. One thing that we all learned from 2020 is the power of negative words, comments, and phrases. Whether it was from our political, religious, and local leaders or from the mud-slinging advertising and commentary during the 2020 election campaigns, we are all intimately acquainted with the effect that words have on us. Words in mediation is no different. The “words” can make or break a mediation. In order to avoid the “break” in mediation, we must av

By Christina L. Scott, J.D. There are many things that can inadvertently or purposefully sabotage a mediation. Sabotage should never be purposeful in a mediation, however the “reality check” says that at times it might be. Here are the big 3: Engaging in Discovery The purpose of mediation is to engage in discussions to move towards an agreement through the process of negotiation and compromise. Mediation is not Discovery or a fishing expedition. However, some parties and cou

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

Mediating divorce cases involving high assets, creates a different dynamic than those cases involving custody. To reach resolution in these cases, parties must have a level of certainty about the financial issues. Below are a few key tips to keep in mind when preparing for an asset only mediation. Complete all Discovery prior to mediation The importance of having a clear financial picture cannot be overstated. The absence of relevant financial documents is a recipe for failu

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