Civil and Domestic Mediation Services: A Guide to Resolving Disputes Peacefully
Mike McGarity, a seasoned trial lawyer, as well as an expert in conflict resolution and civil mediation and domestic relations mediation proudly launches his premier mediation services dedicated to the resolution of legal disputes. Mike has completed the intensive training required to become registered by the Georgia Supreme Court Commission on Dispute Resolution. He is registered in two categories: General Civil Mediation and Domestic Relations Mediation. Mike has been involved in litigation as well as mediating hundreds, if not thousands of cases over his 45-year legal career. As a registered mediator he brings a wealth of knowledge in navigating complex legal and domestic relations matters. Mike’s mediation services offer a wide range of services covering personal injury cases, malpractice, civil and business cases, commercial litigation, shareholder disputes, commercial contract litigation, commercial landlord tenant cases, premises liability, wrongful death, trucking cases, dog bite cases, domestic relations cases including custody, equitable division of property, alimony and child support disputes and probate litigation disputes.
Mike combines his years of courtroom and mediation experience with facilitative and collaborative problem solving, patience, understanding and commitment to neutrality and confidentiality. He vows to be an active listener with integrity and compassion and will guide parties and their counsel through constructive dialogue and negotiations in an efficient and time sensitive manner in order to reach beneficial and binding agreements that will address the parties’ needs and concerns.
McGarity’s Mediation Services offers facilities that give all parties and counsel their private conference rooms here in our office in Buford, Georgia or we can come to your location or offices to handle your dispute or alternatively we can do this via Zoom. Please feel free to call us at 770-932-8477 or contact us online for more details and we promise commitment, neutrality, confidentiality, patience, guidance and compassionate support.
Understanding Mediation
Mediation is a voluntary process where a neutral third party, known as a mediator, helps disputing parties reach a mutually agreeable solution. Unlike litigation, where a judge or jury makes the final decision, mediation empowers the parties to take control of their own dispute resolution.
Types of Mediation
There are two primary types of mediation: civil and domestic.
Civil Mediation
Civil mediation encompasses a wide range of disputes between individuals, businesses, or organizations.
Common examples include:
- Contract disputes: Disagreements over the terms or performance of contracts.
- Real estate disputes: Conflicts related to property ownership, boundaries, or transactions.
- Personal injury: Including cases such as motor vehicle accidents, premise liability, wrongful death, trucking accidents, and medical malpractice.
- Business disputes: Conflicts between business partners, shareholders, or employees.
- Employment disputes: Disputes over wages, hours, discrimination, or wrongful termination.
- Environmental disputes: Conflicts related to environmental damage, pollution, or land-use cases.
- Commercial litigation
Domestic Mediation
Domestic mediation focuses on resolving disputes within families or households.
Common examples include:
- Divorce mediation: Addressing issues like property division, child custody, and spousal support.
- Child custody mediation: Determining child custody arrangements, visitation schedules, and parenting time.
- Parenting coordination: Assisting parents in co-parenting effectively after divorce or separation.
- Elder mediation: Resolving disputes involving elderly individuals and their families.
- Estate mediation: Addressing conflicts related to wills, trusts, inheritances, probate disputes, and will contests or “caveats”.
Why Choose Mediation?
Mediation offers several advantages over traditional litigation, including:
- Cost-effectiveness: Mediation is generally less expensive than litigation, as it avoids the high costs associated with court fees, attorney’s fees, and expert witnesses.
- Speed: Mediation can often be completed more quickly than litigation, as it avoids the lengthy court process.
- Confidentiality: Mediation proceedings are typically confidential, allowing parties to discuss sensitive matters without public scrutiny.
- Flexibility: Mediation allows parties to explore creative solutions tailored to their specific needs, rather than being limited by rigid legal rules.
- Preservation of relationships: Mediation can help preserve relationships, especially in family disputes, by fostering communication and understanding.
When to Consider Mediation
Mediation may be a suitable option if:
- You and the other party are willing to participate in a voluntary process.
- You are seeking a mutually agreeable solution rather than a winner-take-all approach.
- You want to avoid the stress, expense, and uncertainty of litigation.
- You are concerned about the potential negative impact of litigation on your relationships or reputation.
- You believe that mediation can help you find a more creative or innovative solution to your dispute.
- The court orders the parties to mediate the dispute.
The Mediation Process
The mediation process typically involves the following steps:
- Intake: A mediator will meet with both parties to gather information about the dispute and determine if mediation is appropriate.
- Joint session: The mediator will facilitate a joint meeting between the parties to discuss the issues and explore potential solutions.
- Negotiation: The mediator will help the parties negotiate a mutually agreeable settlement.
- Agreement: If the parties reach an agreement, it will be documented in a written settlement agreement.
Finding a Mediator
There are several ways to find a mediator, including:
- Attorney referrals: Your attorney may be able to recommend a mediator.
- Court-connected mediation programs: Many courts offer mediation services.
- Online directories: There are online directories that list mediators in your area.
- Professional organizations: Organizations like the American Arbitration Association {AAA) and the National Association of Certified Mediators {NACM) can provide referrals.
Contact Us Today To Schedule A Free Consultation
Mediation is a valuable tool for resolving disputes peacefully and efficiently. By understanding the benefits of mediation and knowing when to consider it, you can make informed decisions about how to address your conflicts. We hope that you will consider McGarity’s Mediation Services to help you resolve your dispute. Call our office in Buford at 770-932-8477 or contact us online. We serve clients in the greater Atlanta area and Georgia.