The Benefits of Mediation

There are several reasons why mediation, under the guidance of an experienced mediator, produces the best possible outcomes in family or civil disputes.

Self-Determination: With mediation, a judge doesn’t have ultimate authority over your future. You do. Those closest to the conflict are the best equipped to resolve it, and mediation provides the framework to make that happen, in a way that often leads to the best long-term results for everyone involved.

Preservation of Relationships: Mediation is an act of reaching an understanding through respectful dialogue. A court battle is an adversarial act of scorched-earth winners and losers. In a family law case, where life-long interactions can be tainted by the hostility of a trial, mediation keeps relationships intact.

Efficiency: Mediation not only takes far less time than a courtroom trial, it is far more affordable. This emphasis on resolution rather than escalation keeps the process moving, avoiding the extensive court fees of an extended trial, not to mention the emotional toll.

Better Solutions: While a judge is bound by the letter of the law and the burden of legal precedent, mediation provides much more flexibility in finding solutions. Uniquely tailored to your situation and crafted to best meet the needs of all involved, these solutions are often far more satisfactory than courts can achieve.

Privacy: Anything said during mediation is kept confidential, allowing both parties to discuss potentially sensitive matters in an environment of trust and honesty. This contrasts with a court case, in which every detail of the case, no matter how private, becomes a matter of public record.

Less Stress: The approach that mediation takes to conflict resolution, one that puts a greater emphasis on collaboration vs. confrontation, greatly decreases the hostility and emotional stress that family or civil law cases often create. Because no one is trying to “win,” everyone wins.

What To Expect During Mediation

It is not uncommon for Georgia courts to require at least one session of mediation before a case can move to trial, particularly in family law and civil disputes. This not only helps increase the odds of a satisfactory solution to all involved, but relieves the court of the burden of an extended case.

These sessions typically last several hours, although in more complex cases a session could be extended to days, weeks or even months. In some cases, you may not even have to attend in person, instead calling in via Zoom. This way, you can work with the most qualified mediator to handle your case no matter where you are located in the state.

The session begins with both parties making their opening statements, providing their own perspective on the conflict and setting expectations for a desirable outcome. After opening statements are made, the mediator will break into one-on-one caucuses with each party to drill down into the specifics of the disagreement, explore the core issues at hand, and lay the groundwork for meaningful dialogue.

This continues until an agreement has been reached between both parties, which is then drafted into a formal settlement by the mediator. Each party reviews and signs the document, which becomes legally binding as soon as it is filed with the court.

What Sets William R. Claiborne Apart

The Claiborne Firm has successfully mediated disputes across a host of different family and civil law matters, creating solutions that don’t need to be litigated in a protracted trial. In the areas of family law, he has mediated cases that include contested divorces, child custody, alimony, relocations, enforcement of court orders, division of marital property and disagreements over decision-making powers for children. In civil cases, he has helped mediate disputes regarding traffic accidents, slip and fall injuries, animal injuries, workplace negligence, wrongful death and product liability.

Beyond those realms, he has also distinguished himself as an accomplished mediator in medical malpractice and healthcare disputes ranging from misdiagnosis and surgical errors to hospital negligence and malpractice.

This skill as a mediator is enhanced by the practical experience and legal perspective he has cultivated across a 20-year career as a trial attorney and certified mediator. This dual expertise gives clients the best of both worlds: a mediator who understands the complexity of the legal system and knows how to navigate it with a solution-oriented eye on resolving conflict.

Mr. Claiborne considers his approach to be one of flexibility and intense client focus. This flexibility allows him to adapt his style to the situation – facilitative when the situation calls for nurtured conversation or evaluative when a reasoned legal approach needs to be taken to clarify the risks and benefits of each position. This approach has guided him to successful resolutions across a litany of cases just like yours. And because he can mediate from anywhere via Zoom, he can help you no matter where in Georgia you live.

Under his guidance, you can reach an outcome that preserves your relationship, your self-determination and your freedom. Whether it can be resolved in a few hours or requires multiple sessions, The Claiborne Firm is committed to helping clients avoid the courtroom whenever possible. And if it comes down to it, he stands ready to support you through the court process.

Mediation works best when it is built on a foundation of honesty, transparency and a clear plan, which is why The Claiborne Firm offers a flat $450 consultation fee and a custom retainer crafted during your no-obligation consultation.  As part of this consultation, William R. Claiborne and a paralegal will confidentially review the facts of your case, listen to your thoughts, review any relevant documents, and begin building a strategy. This lays the groundwork for mediation that is respectful, productive and ultimately better for you.

Call today to schedule your consultation.