Office of Dispute
Resolution
SEVENTH
JUDICIAL ADMINISTRATIVE DISTRICT
P.O.
www.7jad.com FAX: (770) 387-5479
Rules &
Scheduling Procedures
1. Mediation
Scheduling
The parties have ten (10)
days from the date of the attached Referral Notice to (a) select a mediator,
(b) schedule a mediation session with the mediator and opposing parties, and
(c) return the completed Mediation Scheduling Form to the ADR Office. All parties must be a part of the
decision-making process when selecting a mediator, date, time and location of
the mediation session. Unilateral
scheduling is not permitted. If the
Mediation Scheduling Form is not received by our office within ten (10) days
and no attempt is made to inform the ADR Office of extenuating circumstances,
our office will assume the parties cannot agree upon a mediator and we will
assign the mediator, date, time and location of the mediation session.
The plaintiff and/or the
plaintiff’s attorney is ultimately responsible for coordinating the scheduling
of the mediation session. However, any
party may schedule the mediation session, complete the Mediation Scheduling
Form, and submit it to the ADR office.
All parties (plaintiff and defendant) are responsible for compliance
with the ADR order.
2. Changes
The ADR Office will send out
scheduled mediation notices when a case is scheduled either by the ADR Office
or by receipt of a Scheduling Form. Once
a case has been scheduled and confirmed, the ADR Office needs to be made aware
of any changes immediately. These
changes include but are not limited to:
cancellation of a scheduled session, rescheduling of a session, change
in chosen mediator, dismissal or settlement of a case prior to the mediation
session, motion for summary judgment to be heard etc. The plaintiff or the plaintiff’s attorney is
responsible for notifying the ADR Office in writing of any of the above
changes.
3. Mediator
Selection
Mediators must be
chosen from the official Seventh Judicial District Mediator List that is on the
ADR Office website at www.7jad.com. Parties without Internet access may contact
the ADR Office for a faxed or mailed copy.
If you would like to use a
mediator not listed on the Seventh District’s Mediator Roster, but is registered
with the Georgia Office of Dispute Resolution in the category of case to be
mediated, you must submit an order to the ADR Office requesting the use of an
outside mediator and the ADR Office will forward it to the judge assigned to
you case. For more information, contact
the ADR Office.
4. Cancellation/No-show
If a scheduled ADR session is
cancelled without forty-eight (48) hours notice to the mediator, a late
cancellation fee may be charged to the parties.
The court will be notified of any cancellation fees that are not paid in
a timely matter. It is up to the parties
to notify the mediator of a cancellation – under no circumstances will the ADR
Office cancel mediation sessions on behalf of the parties. The amount of this fee may be up to two (2)
hours of the hourly fee of the chosen mediator.
If a party fails to appear at a scheduled ADR session, the non-appearing
party will be responsible for the entire cancellation fee. Also, it is the responsibility of the
non-appearing party to reschedule the ADR conference with everyone. The ADR Office will notify the court of any
non-appearances or continuous cancellations.
5. Conflict
Cancellations
Cancellation of a scheduled
mediation will only be permitted in compliance with the Uniform Rule related to
conflicts. The party with the conflict
is responsible for notifying the other party, the mediator and the ADR Office
of the conflict. The session must be
rescheduled within ten (10) days by the attorney with the conflict. If the conflict necessitates cancellation,
timely notice of cancellation (48 hours) must be received by the mediator or a
cancellation fee of up to two (2) hours may apply to the party with the
conflict.
6. Attendance
and Documentation
All attorneys are to attend mediation
with their clients (This is REQUIRED in the
7. Rescheduling
If a case needs
to be rescheduled, parties are responsible for filling out and faxing the
Mediation Rescheduling Form to the ADR Office immediately. The Mediation Rescheduling Form may be
obtained by visiting www.7jad.com
or calling the ADR Office. The court
will be notified if the case is not rescheduled. All parties must agree to the rescheduling of the session.
If a case is not rescheduled promptly, the ADR Office will reschedule
the session and the parties/attorneys will not be able to change date or time.
8. Agreements
and Dismissals
If a case is settled or
dismissed prior to the date of mediation, a copy of the first and last page
(that includes signatures of both parties) of the signed agreement or dismissal
must be faxed to the ADR Office immediately.
Once the ADR Office has a copy of the complete signed agreement, the
case is considered uncontested and is no longer required to go to
mediation. If the ADR Office does not
receive a copy of a complete signed agreement or dismissal, the case will be
required to be scheduled for mediation under the rules of the ADR Office. If an agreement or dismissal is signed prior
to mediation, it is the responsibility of the parties to cancel directly with
the mediator forty-eight (48) hours in advance.
Otherwise, the same cancellation fee rules explained in paragraph 4 will
apply.
9. Mediator
Fees and Fee Waivers
All fees are to be shared
equally regardless of the number of parties involved unless otherwise
agreed. The fees for mediation are
different for each mediator. Fees are
subject to change without notice.
Therefore, call the mediator to verify their fee prior to the mediation
session. Each party must be prepared to
pay the mediator for their portion of the fees at the time of the session. The court will be notified of any mediation fees that are not paid at the session.
If a party feels
they cannot afford mediation, an Indigent Fee Waiver Request Form may be
obtained by visiting www.7jad.com
or by the ADR Office. All notarized
Indigent Fee Waiver Request Forms must be received by our office ten (10) days
prior to the scheduled mediation session.
Late or incomplete forms will not
be accepted. The ADR Office will
determine whether or not the party meets the guidelines set forth by the
Indigent Defense Counsel and will notify the party of the results. It is the party’s responsibility to notify
the mediator of the results prior to the scheduled mediation session. Parties are strongly encouraged to request
this form as early as possible.
10. Seminar
for Divorcing Parents
The ADR Office strongly
recommends that parties to all domestic cases attend the Seminar for Divorcing
Parents prior to the mediation session.