Piedmont Judicial Circuit
FAQs
What is ADR? Alternative Dispute Resolution (ADR) refers to methods of resolving disputes outside of traditional litigation. ADR offers parties the opportunity to reach mutually acceptable agreements more efficiently and often at a lower cost. For more information, see the Piedmont Judicial Circuit Guide to ADR available on our website. ________________________________________
Are mediations via Zoom permitted? Yes. Virtual mediations are permitted if all parties and the mediator agree to participate remotely. ________________________________________
What if mediation is cancelled or a party fails to appear? If a scheduled mediation is canceled or a party fails to appear, the mediator will file an ADR Case Report in PeachCourt, noting the reason the case was not mediated. Afterward, the parties should contact the Court for next steps.
What is the cost of mediation? Each mediator sets their own hourly rate. Rates are posted on the Piedmont Judicial Circuit ADR Program’s Approved Mediator List. Parties should contact their selected mediator directly with any questions regarding fees.
What if a party cannot afford mediation? A party who is unable to pay mediation fees may request financial assistance. •Complete the Request for Financial Assistance Form . •Submit the form to the ADR Office at least ten (10) business days prior to mediation. •If approved, financial assistance will cover up to two hours of mediation. •The ADR Office will notify both parties and the mediator of the decision.
Can mediation be waived? Yes. Mediation is automatically waived in cases seeking a finding of contempt solely related to child support or alimony. Mediation may also be waived at the discretion of the presiding judge. To request a waiver, a party must file a Motion to Waive Mediation Attendance with the Clerk of Superior Court, stating the reasons for the request, and provide copies to the presiding judge’s office and the opposing party. (Motion to Waive Mediation Attendance template is available under the Forms section)
If the parties settle at mediation, how should the Court receive the agreement? The Court may receive the settlement agreement in one of two ways: 1.Through a Motion for Judgment on the Pleadings that includes a proposed order incorporating the agreement, or 2.At the final hearing, where the agreement may be read into the record. ________________________________________
What is a Judicially Hosted Settlement Conference (JHSC)? A Judicially Hosted Settlement Conference (JHSC) is similar to mediation, but instead of a mediator, a senior judge assists the parties in negotiating a settlement of all or part of their dispute. Settlement judges may: •Use mediation techniques to improve communication and explore settlement options. •Discuss the relative strengths and weaknesses of each party’s case. •Meet separately with each side, often through discussions with attorneys. The settlement judge does not impose a settlement—the parties must agree voluntarily. If no settlement is reached, the case continues on its regular trial track, and all procedural rights remain intact. Confidentiality is maintained throughout the process to encourage open discussion. The settlement judge will not be the judge who tries the case. Eligibility: Only cases where all parties are represented by legal counsel may participate. Once scheduled, no continuances or resets will be granted. Parties may request a Judicially Hosted Settlement Conference through the presiding judge.