About Mediation

Atlanta’s Domestic Mediation Lawyer

40 years of litigating domestic cases in the Atlanta area proved to Michael J. King that Mediation was far and away the better approach to the resolution of all domestic issues. Litigation is costly in time and money and leaves in its wake emotional scars and discord that can sour the future relations of former spouses who must continue to interact as parents. On top of that litigation robs the parties of making the best and final decisions on all of the matters that are of utmost importance. Most of the time a litigated case is not able to deal with the unique concerns of a particular case and the decision rendered is often a one size fits all solution that works less than well when applied to the specific needs of the parties.

Regardless of how right each party believes their position to be, it is unlikely that their position will be wholly adopted by the court in its final decision. You cannot predict the outcome litigation nor do you have control over what that outcome will be.

Mediation on the other hand depends on the active participation of both parties. Your input, based upon your situation and circumstance, is vital to fashioning an agreement that encompasses the terms and conditions that are most important to you on all financial and nonfinancial issues. Because it is resolved by way of agreement less damage is done to the future relationship of the parties to the extent such future interaction is necessary.

Michael King’s job as your mediator is to open the lines of communication between the parties directly or more often indirectly through him. Mr. King will help you explore all possibilities for the settlement of the dispute in a manner that is respectful and mutually beneficial. As the neutral mediator he assist you in understanding the issues and one another’s positions. He will use reality checks and other means to help you fully understand the situation and work with you to generate acceptable alternative solutions for issues that initially seemed impossible to resolve.

Michael J. King faithfully abides by the guidelines defining his role as Mediator. He is bound by the ethics of the position to remain Neutral in the matter. He cannot and does not champion the interest or desires of either party. His goal is to provide the environment conducive to respectful communications and the honest exchange of opinions focused on the resolution of the matter. Fault, anger, disappointment and blame are specifically NOT a part of Mediation because those comments do not advance the possibility of reaching a settlement. Successful negotiations are impossible if that is allowed to occur. So know before you schedule Mediation that you are required to agree in writing before the Mediation begins that you will not engage in such conduct.

During Mediation Mr. King may draw upon his legal knowledge and experience to offer suggestions or ask the parties to reconsider a position based upon a reflection of the possibility that such a position might prevail if presented in Court.

A meeting between the Mediator and one of the parties is called a Caucaus. Information shared with the Mediator in Caucuas is Confidential information and will not be revealed by the Mediator to the other party unless specifically authorized to do so. Also all the information gathered by the mediator during the mediation in Caucaus or Joint Session is privileged information under the law and neither party is permitted to subpoena the Mediator to appear as a witness in any litigation in which these parties may later participate. This rule is essential to the Mediation process and assures the parties that they can and should be candid with the Mediator in order to have the best opportunity to find a solution without subjecting them to the crap shoot that is litigation.

Each of party is required to sign the Guidelines for Mediation and promise to participate in good faith. That does not mean they are required to agree but it does mean they must make an effort to do so. You will likely disagree about the best manner of resolving the dispute but the Mediation process is designed to sort through the disagreement to craft a mutually beneficial solution where possible.

The parties are encouraged to have their own legal counsel with them at Mediation. However, the attendance of their attorneys is not a prerequisite to participation in the mediation process. If an agreement is reached by the parties without their attorneys present during the mediation any agreement will not become binding and final until it has been reviewed and approved by their respective attorneys. Michael King realizes that having the attorney present adds to the cost of the Mediation but he has found that their participation is very helpful and Mediation is much more likely to succeed when you know your attorney’s opinion of what is being proposed versus what your attorney feels would be the likely outcome of litigation.

If you believe Mediation is the preferred means of resolving domestic disputes then the Mediator you want is Michael J. King, contact him at 770-662-0600 or send an e-mail to him at mking@mjklaw.net