Welcome to the 6th District ADR Program
Established in 1994, this office serves the Superior, State, Probate and Magistrate Courts of Butts, Fayette, Henry, Lamar, Monroe, Pike, Spalding and Upson Counties, all in the Flint, Griffin and Towaliga Judicial Circuits
What is ADR?
Alternative Dispute Resolution or “ADR” refers to any method other than litigation for resolution of disputes. ADR methods may include mediation, arbitration and early neutral evaluation. ADR uses a third, neutral person to facilitate negotiations between other parties who are in conflict. In mediation, the “mediator” will attempt to assist you in working out a solution that is fair, reasonable, and acceptable as a way to resolve the dispute. It is not about who is at fault, but rather what can be done to settle the problem. In arbitration, the “arbitrator” will issue an award after a hearing at which both parties have an opportunity to be heard. Arbitration is non-binding unless the parties agree otherwise. Early Neutral Evaluation or ENE is a process in which a lawyer with expertise in the subject matter of the litigation acts as a neutral evaluator of the case.
Is ADR Mandatory?
Yes. In hopes that parties will be able to resolve their conflicts in mediation, contested domestic relations cases (i.e., divorce, modification, contempt, legitimation, separate maintenance) must be submitted to the ADR Program prior to a temporary hearing. All cases are screened to determine if ADR is appropriate and if so, scheduled for a mediation session. All civil cases involving home-building, construction, or home improvements disputes must be submitted to ADR Program. In the Flint and Towaliga Judicial Circuits only, all personal injury cases shall be referred to the ADR Program for dispute resolution. Likewise, any contested civil matter filed in any court may be referred to the ADR Program by consent or the parties or by court order.
Statistics
Last year (January 1, 2010 – December 31, 2010) approximately 1470 cases were referred to the ADR Program. Of those cases, about 1081 were mediated with an overall settlement rate of 49%.
Is there a cost for ADR?
Yes. We encourage parties to select a neutral and agree upon a fee prior to the ADR session. If no neutral is selected, this office will assign a mediator from our rotational list. If assigned, the neutral can only charge up to $100.00 per hour to be divided equally between the parties. This office does provide for fee waivers and fee reductions. If you can not pay the mediation fees or need assistance, please contact this office immediately to request a Request for Fee Waiver or Fee Reduction. All applications must be fully completed and received by the ADR Office no later than 3 days prior to any scheduled ADR session. No applications will be granted without all requested documentation or once the ADR session has begun.
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