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.