Arbitration & Mediation

Divorced Dad Minute - Podcast on Mediation

By Christopher Annunziata

I have not yet listened to this podcast, but it seemed interesting and I appreciated the tone of the opening paragraph:

A professional mediator can help when the lines of communication break down. Mediators are trained in conflict resolution. It’s always a good idea to have an intermediary when there are difficulties in reaching compromises. Plus it is a concrete demonstration / evidence of the willingness to negotiate.

This puzzled me, however:

There are two types of mediation, which normally are agreed in advance through a mediation contract that spells outthe terms of the mediation and the subject matter:

1) Open Mediation - A report can issue from this form of mediation and can be used in Court as evidence.

2) Closed Mediation - No report can issue from this form of mediation or be used in Court as evidence.

This is the second time in a month that I’ve heard of mediators issuing reports. It strikes me as odd that mediators would issue a “report” to the court, considering the the confidentiality of the mediation process. I do not believe we have anything of the sort in Georgia, but I have not yet taken the Domestic Relations training.

I would love to hear from a mediator in a jurisdiction where the mediator issues a report to the court regarding the proceedings.

Full post as published by CKA Mediation and Arbitration Services Blog on February 05, 2008 (boomark / email).