Mediation
Negotiated Settlement
Litigation

Mediation - At times parties will seek to resolve issues, such as custody and visitation issues that arise after the divorce decree by hiring a mediator prior to filing a lawsuit in an effort to resolve their conflicts out of court. Other times, parties file an action such as a divorce and seek to mediate the entire case rather than to litigate it. I encourage my clients to participate in mediation when it is likely to resolve the issues in the case since parties are more willing to honor the terms of an agreement if they decide the terms. In a limited number of cases, mediation is not a preferable means of resolution, perhaps because of psychological dynamics in which one party has more power or one party is easily intimidated by the other party's more controlling and explosive personality. In those instances, I attempt resolution by negotiating with the other attorney; however, if that fails, I am experienced and capable of litigating the case.

Negotiated Settlement - In some cases, due to the dynamics of the relationship between the parties, it is more fruitful to have the attorneys for the parties communicate between themselves as to possible means of settlement. In all negotiated settlements, my client decides to which terms they will agree. The final decision is always my client's decision; however, I make recommendations based on my years of experience, my observation of what a court is likely to order, and on what terms the other party is likely to concede at the advice of the opposing attorney. I exert all efforts to obtain an agreement that will be favorable to you. However, at times, the parties will be unable to reach an agreement due to the distance in their positions. In those instances, I am capable of litigating the matter if neither party will move from their position and trial is the only remaining option.

Litigation - When mediation and negotiated settlement between the attorneys is not possible due to non-agreement by the parties, the method of final resort is to litigate the case either before a judge or a jury. Georgia, unlike all other states, still provides a jury to hear the case if either of the parties demands a jury trial. Jury trials are more expensive and are more the exception than the norm for trying a case, but in the case where a jury trial is demanded, I will paint your case in its best light to the jury. I have experience in trying cases before a jury or a judge.