Annual report on alternative dispute resolution in the Georgia courts; pt. 2 Report programs

Georgia Commission on Dispute Resolution
Alapaha Judicial Circuit ADR Program
100 Court Square Homerville, GA 31634 Office: (912) 487-3003 Fax: (912) 487-3834 Email: ibicinc@alltel.net
Areas/Counties Served: Alapaha Judicial Circuit ( 5 Counties: Atkinson, Berrien, Clinch, Cook, Lanier )
ADR Processes Offered: Mediation
Program Staff: Lisa Sutton, Director Kalynn McLaine, Deputy Director

Statistic Type
SUPERIOR Civil Domestic

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

43

39

7

4

0

187

164

20

11

4

Impasse
3 5

Courts Served: Superior, Probate, Magistrate Courts Collecting Fees: Superior, Probate, Magistrate

Program Start Date: 1997 Fee Surcharge: $7.50

Court/System required participation in ADR processes: Yes, the Alapaha Judicial Circuit requires participation in ADR processes for domestic relations and personal injury cases. Any contested civil matter from Superior, State, Probate, or Magistrate Court may be referred to ADR on a cases-by case basis by consent of the parties or by court order.
Types of cases / issues currently handled: Domestic: Alimony, child custody, child support, visitation, property, attorney fees. Civil: Personal injury.
Excluded Cases: Cases other than contested domestic and personal injury cases are excluded from mandatory referral. Contested domestic cases in which there are allegations of domestic violence may also be excluded.
How Cases Are Selected: All cases are screened to identify contested domestic and personal injury cases, which are referred to mediation.
Neutral Selection: Neutrals are typically selected by the parties and their attorneys. If the parties do not select a neutral, the program will assign a neutral for them. Neutrals are assigned on a rotational basis.
Neutral Compensation: The parties compensate the neutral. The charge is $50-$150 per hour.
Continuing Education for Neutrals: Continuing education is required for neutrals.
Evaluation of Neutrals: No formal evaluation of neutrals is conducted.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.

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Georgia Commission on Dispute Resolution
Seminar requirement for divorcing parents in domestic cases: Yes Background Information: At present, all personal injury and contested domestic cases in the Alapaha Judicial Circuit receive mandatory referral to the ADR process.

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Georgia Commission on Dispute Resolution
Bartow County Juvenile Court Mediation Program
135 W. Cherokee Avenue, Suite 333 Cartersville, GA 30120-3181
Office: (770) 607-6305 Fax: (770) 387-5044
Areas/Counties Served: Bartow County ADR Processes Offered: Mediation Program Staff: Shurnae Prince, Director

Statistic Type
JUVENILE General*

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

175

54

76

75

0

Impasse
1

* Statistical approximation

Courts Served: Juvenile Courts Collecting Fees: Supervision fees are collected by Juvenile Court

Program Start Date: 1997 Fee Surcharge: None

Court/System required participation in ADR processes: No
Types of cases / issues currently handled: DELINQUENCIES: Criminal trespass, disorderly conduct, battery simple assault, theft, shoplifting. STATUS OFFENSES: Runaway ungovernable child and truancy cases for city and county schools, grades K-5.
Excluded Cases: Serious offenses; repeat offenders.
How Cases Are Selected: The Mediation Program Director selects appropriate cases that have been referred by Intake.
Neutral Selection: Registration with GODR; completion of application and background checks; completion of general and juvenile mediation training.
Neutral Compensation: Neutrals receive a stipend of $45 per session, $30 for "no shows" or cancellations.
Continuing Education for Neutrals: Continuing education is required for neutrals.

Evaluation of Neutrals: No formal evaluation is conducted. However, the program conducts periodic in-service programs and observations.
Attorney Involvement: Attorneys may attend sessions.
Background Information: The Bartow County Juvenile Court Mediation Program has been mediating cases Five active mediators currently serve the program.

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Georgia Commission on Dispute Resolution

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Georgia Commission on Dispute Resolution
Carroll County Juvenile Court Mediation Program
207 Courtyard Square Carrollton, GA 30117 Court: (770) 830-5983 ADR Contact: (770) 830-5993 Fax: (770) 830-0434 Email: elbarrow@carrollcountyga.com
Areas/Counties Served: Carroll
ADR Processes Offered: Mediation
Program Contact: Elmira Barrow, Coweta Judicial Circuit Program Coordinator, Carroll County Mediation Center, 207 Courtyard Square, Carrollton, GA 30117 (770) 830-5983

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

112

35

77

73

1

Impasse
3

Courts Served: Juvenile Courts Collecting Fees: Juvenile/ Supervision

Program Start Date: 2000 Fee Surcharge: None

Court/System required participation in ADR processes: Yes, some cases (mainly status offenses) are required to try mediation, if first offense, and special prosecutor agrees case is appropriate.
Types of cases / issues currently handled: DELINQUENCIES: Shoplifting, theft by taking, simple battery, affray, disorderly conduct. STATUS OFFENSES: Unruly, ungovernable, runaway.
Excluded Cases: All felony and other misdemeanor cases that are not appropriate.
How Cases Are Selected: Cases are selected by the Judge, intake Officer, and Case Managers.
Neutral Selection: Once the case has been approved for mediation, the program schedules a mediator.
Neutral Compensation: Neutrals receive a stipend of $50 per case from the program.
Continuing Education for Neutrals: Required by the Georgia Office of Dispute Resolution
Evaluation of Neutrals: Evaluations are done by the program coordinator.
Attorney Involvement: Attorneys are encouraged to attend sessions, but are not required, and at discretion of the parties.
Background Information: The Carroll County Juvenile Court Mediation Program has been mediating cases since 2000. At the present time the cases going to mediation include status offenses and delinquencies. In the future the court hopes to refer dependency cases to mediation as well.

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Georgia Commission on Dispute Resolution

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Georgia Commission on Dispute Resolution
Clayton Judicial Circuit ADR Program
Harold R. Banke Justice Center, 9151 Tara Blvd., Suite 2 DR 01 Jonesboro, GA 30236
Office: (770) 477-4575 Fax: (770) 603-4179 E-Mail: nancy.parkhouse@co.clayton.ga.us Web Site: www.co.clayton.ga.us/court_administrator/adr.htm
Areas/Counties Served: Clayton Judicial Circuit: ( 1 county: Clayton)
ADR Processes Offered: Mediation
Program Staff: Nancy Parkhouse, Program Director; Janey Tubbleville, Program Assistant; Kimberly Sterne, Special Program Coordinator

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION
Partial Full Agreement Agreement

Impasse

SUPERIOR

Civil

2

0

1

1

0

0

Domestic

1186

280

453

169

57

227

STATE

General

4

0

4

0

0

4

MAGISTRATE

General

250

0

245

100

0

145

Courts Served: Superior, State, Probate, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1996 Fee Surcharge: $5

Court/System required participation in ADR processes: All contested domestic relations matters filed after May 1, 1996, are referred to mediation. Any contested civil matter may be referred on a case-by-case basis. Magistrate Court refers civil non-jury cases directly from court on the day of the hearing.
Types of cases / issues currently handled: DOMESTIC: Divorce, modification of divorce, contempt, custody, legitimation, paternity, domestication of foreign judgment GENERAL CIVIL
Excluded Cases: Appeals from rulings of administrative agencies; forfeitures of seized property; habeas corpus and extraordinary writs; bond validations; declaratory reliefs; URESA cases; injunctive relief
How Cases Are Selected: All contested domestic relations matters are screened by the ADR office to determine if the case is appropriate for mediation. Other matters are referred by court order.
Neutral Selection: The parties have 10 days from the date an answer is due to mutually agree on a mediator from a list of mediators approved to practice in the Clayton Judicial Circuit. If the parties cannot agree on a mediator or have not made a selection, the office assigns a mediator from a smaller, rotational list of mediators. The approved list of neutrals has no limit, but the rotational list is limited to 20 mediators, with 10 positions being reserved for mediators who reside in or have offices in Clayton County.
Neutral Compensation: In domestic and court-ordered civil cases, the parties divide the cost of the mediation. In Magistrate Court, the ADR fund pays mediators $25 per case. If the ADR office appoints a neutral, the fees are $75 per hour with a cap of $250 for the mediation. If the parties select a mediator, the fees range from $65

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Georgia Commission on Dispute Resolution
per hour to $300 per hour depending on the mediator
Continuing Education for Neutrals: Required
Evaluation of Neutrals: Formal evaluations of the mediators are done by the parties. The parties are offered an evaluation form and may choose to fill it out. Neutrals are evaluated by the office staff. A new mediator's first two mediations in the program are observed, and the program tries to observe each mediator each year. The program also participated in a special project entitled, "Mediation in Georgia Courts: A Survey of Participant Satisfaction" conducted by the Georgia Office of Dispute Resolution. The project was funded by a grant from the State Justice Institute.
Attorney Involvement: Attorneys regularly attend mediated sessions with their clients.
Background Information: The program conducts mediation in all domestic relations actions by standing order, including modifications, contempts, custody, legitimation, paternity, domestication of foreign judgment and divorces. In September 1998, the program began conducting mediations in Magistrate Court for civil/non-jury matters.

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Georgia Commission on Dispute Resolution
Clayton County Juvenile Court Mediation Diversion
121 S. McDonough Street, Courthouse Annex 3 Jonesboro, GA 30236
Office: (770) 473-5958 Fax: (770) 603-4111 E-Mail: timiza.mullins@co.clayton.ga.us
Areas/Counties Served: Clayton County
ADR Processes Offered: Mediation
Program Staff: Timiza Mullins, Program Director Sheila Key, Program Assistant

Statistic Type
JUVENILE General*

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

500

50

450

440

0

Impasse
10

* Statistical approximation

Courts Served: Juvenile Courts Collecting Fees: None

Program Start Date: 1995 Fee Surcharge: None

Court/System required participation in ADR processes: Yes, Voluntary and mandatory participation occur in this program.
Types of cases / issues currently handled: DELINQUENCIES: Disorderly conduct, affray, criminal trespass, shoplifting, and citizen complaints.
Excluded Cases: Felonies, Traffic
How Cases Are Selected: Intake, judges
Neutral Selection: Mediators must be registered with the Georgia Office of Dispute Resolution, have completed application and background checks
Neutral Compensation: The program compensates the neutral. Neutrals receive a stipend of $40 per case, $20 per case if the parties fail to appear.
Continuing Education for Neutrals: Continuing education is not required for neutrals; however, informational and training seminars are periodically sponsored by the program, as well as juvenile mediation training.
Evaluation of Neutrals: Mediators have to successfully complete a practicum (2 observations, 4 co-mediations
with an experienced mediator and a solo mediation that is observed by the Program Director) before mediating in program.
Attorney Involvement: Yes
Background Information: The mediation program diverts minor misdemeanor delinquent offenses (shoplifting, criminal trespass, etc.) from formal court involvement. Agreements reached in mediation

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Georgia Commission on Dispute Resolution
are presented to the judge for approval and may be monitored for a maximum of 90 days. If all terms of the agreement have been fulfilled, the cases will be dismissed. The case may be referred to a formal court hearing if the youth does not fulfill the agreement terms. Mediators must have 20 hours of juvenile mediation training and successfully complete case practicums before mediating for the program. The practicums consist of several observations and co-mediations with an experienced juvenile court mediator, the program coordinator, and a solo mediation observed by the program coordinator.

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Georgia Commission on Dispute Resolution

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Georgia Commission on Dispute Resolution
Cobb County Juvenile Court ADR Program
1738 County Services Pkwy, SW Marietta, GA 30008-4028
Office: (770) 528-2275 (770) 528-2389 Fax: (770) 528-3384 E-Mail: pam.mcclure@cobbcounty.org
Areas/Counties Served: Cobb County
ADR Processes Offered: Mediation
Program Staff: Pam McClure, Mediation Coordinator; Lisa Paris, Mediation Program Assistant

Statistic Type
JUVENILE General Deprivation

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full Agreement

Partial Agreement

682

37

596

575

0

14

0

8

5

1

Impasse
21 2

Courts Served: Juvenile Courts Collecting Fees: Juvenile

Program Start Date: 1993 Fee Surcharge: None

Court/System required participation in ADR processes: No
Types of cases / issues currently handled: DELINQUENCIES: First-time misdemeanors; criminal trespass; property damage; disrupting a public school; school fights; shoplifting less than $300; third-party cases, simple battery, theft by taking, etc.; some felonies with the consent of the district attorney and the victim. STATUS OFFENSES: Unruly/ungovernable; runaway; curfew violation. DEPRIVATION ISSUES: Custody, visitation, child support, termination of parental rights, etc.
Excluded Cases: Felonies, unless referred by Judge or D.A.
How Cases Are Selected: Cases are referred to mediation by intake staff, the district attorney, or a judge.
Neutral Selection: Neutrals must be registered mediators with the Georgia Office of Dispute Resolution and have had juvenile mediation training.
Neutral Compensation: The program pays the neutrals a stipend of $50 per case; $30 per case for "no shows."
Continuing Education for Neutrals: Continuing education is required.
Evaluation of Neutrals: Evaluations are completed by the parties.
Attorney Involvement: Attorneys can attend mediation in delinquent and status cases, but seldom do. Attorneys must be present in deprivation cases.
Seminar requirement for divorcing parents in domestic cases: Yes

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Georgia Commission on Dispute Resolution
Background Information: The Cobb Juvenile Program mediates delinquent offenses, status offenses, and custody cases. Mediation in dependency/custody cases serves to intercede in disputes related to, but not limited to placement, visitation, communication, service plans, dispositional issues, custody and termination. A number of parties are present for the mediation: case worker, county counsel, birth parents with their attorneys, guardian ad litem, treatment specialists, foster parents, etc. The Cobb program hopes to help children find permanent placement faster and in a less stressful manner.

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Georgia Commission on Dispute Resolution
Cobb County Magistrate Court ADR Program
32 Waddell Street - Room 318 Marietta, GA 30090-9656
Office: (770) 528-8935 Fax: (770) 528-8947 E-Mail: janet.lindemann@cobbcounty.org Web Site: www.cobbcounty.org
Areas/Counties Served: Cobb County
ADR Processes Offered: Mediation, Victim Offender Mediation
Program Staff: Janet Lindemann, Mediation Coordinator

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

MAGISTRATE

General

784

40

476

325

0

Impasse
151

Courts Served: Magistrate Courts Collecting Fees: N/A

Program Start Date: 1994 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes, mediation is scheduled upon the request.
Types of cases / issues currently handled: CIVIL SMALL CLAIMS: Criminal warrant applications. of both the defendant and the plaintiff. All mediation is voluntary.
Excluded Cases: N/A
How Cases Are Selected: Any contested civil matter may be referred to mediation. Cases are screened by the judge or the mediation office to determine whether the case is appropriate for mediation.
Neutral Selection: Mediators are appointed by the program. However, if either party has a preference for a mediator, the court will assign the requested mediator.
Neutral Compensation: Neutrals in this program are volunteers and receive neither compensation nor stipend for their services.
Continuing Education for Neutrals: 3 hours of continuing education per year is required for neutrals.
Evaluation of Neutrals: Formal evaluations of the neutrals by the parties are conducted on a regular basis; formal evaluations conducted by the program are done as needed.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients; most parties are pro se.
Seminar requirement for divorcing parents in domestic cases: No
Background Information: The Cobb County Magistrate Court program mediates civil small claims cases. All contested cases are reviewed by the court. Those cases that are found to be appropriate for mediation are sent

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a notice for a scheduled mediation hearing. Cases are mediated Monday through Thursday from 8:30 am to 3:30 PM. Most mediations take about 1 to 2 hours.
In May 1998, Cobb Magistrate Court began mediating criminal applications for warrants. Mediation is not mandatory, but there is a large incentive to agree to settle these warrant applications. Consent agreements or dismissals are the options available. Repayments, completion of work, or return of items must be finished within a 90-day period. Affiant returns the dismissal or pending warrant when the agreement has been completed.

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Georgia Commission on Dispute Resolution

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Georgia Commission on Dispute Resolution
Cobb County Superior Court ADR Program
30 Waddell Street Marietta, GA 30090 Office: (770) 528-1812 Fax: (770) 528-8142 E-Mail: superiorcourtadr@mindspring.com Web Site: www.cobbcounty.org
Areas/Counties Served: Cobb County
ADR Processes Offered: Mediation, Case Evaluation, Judicially hosted settlement conferences. Program Staff: Linda McClain, Programs Administrator; Patti Anderson, Judicial Program Coordinator; Heather Stankicwicz, Judicial Program Coordinator; Rebecca Lew, Judicial Program Coordinator

Statistic Type
SUPERIOR Civil Domestic

Program Statistics FY 05' July 2004- June 2005

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

326

119

180

51

7

970

306

593

296

45

Impasse
122 252

Courts Served: Superior Courts Collecting Fees: Superior, Magistrate

Program Start Date: 1993 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes
Types of cases / issues currently handled: DOMESTIC RELATIONS: Divorce; modification of divorce; child custody; child support; visitation; paternity; legitimation. GENERAL CIVIL: Damages; contract damages; torts;condemnation; equity; zoning appeal; tax appeal.
Excluded Cases: Domestic relations contempt; appeals from rulings of administrative agencies; forfeitures of seized property; habeas corpus; extraordinary writs; bond validations; declaratory relief; URESA actions.
How Cases Are Selected: All general civil and domestic relations cases which are filed in Cobb Superior Court are individually screened upon the filing of an appearance of counsel or a contested answer to determine if the case is appropriate for ADR.
Neutral Selection: At the time of referral of a case, a list of neutrals for that type of case is mailed to counsel and parties. If parties do not agree upon a neutral within 13 days, neutrals are appointed by the program from a rotational list.
Neutral Compensation: The parties compensate the neutral. The program uses a market-rate structure for its fee schedule, ranging from $75 per hour to $360 per hour, generally $150-$175 per hour.
Continuing Education for Neutrals: 3 hours per year of continuing education is required for neutrals serving the program.
Evaluation of Neutrals: Formal evaluations of the neutrals are conducted by both the parties and the program.

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Georgia Commission on Dispute Resolution
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: Yes
Background Information: In 1993, Cobb Superior Court judges instituted a local rule of court mandating that all civil cases (with a few exceptions) which could be resolved by mediation use it. To date, over 19,132 cases have been referred. Approximately 195 neutrals (general civil and domestic relations) serve the program. In August 1998, the program began offering case evaluation to litigants.

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Georgia Commission on Dispute Resolution
Conasauga Circuit Superior Courts ADR Program
P.O. Box 1066 Dalton, GA 30722 Office: (706) 278-5897 Fax: (706) 278-6900 E-Mail: bchampion@whitfieldcountyga.com Web Site: www.georgiacourts.org/courts/superior/conasauga
Areas/Counties Served: Conasauga Circuit (2 counties: Murray and Whitfield) ADR Processes Offered: Mediation, Early Neutral Evaluation
Program Staff: Barry Champion, Superior Court Administrator; Annette Walker, Assistant Court Administrator; Debbie Collins, Administrative Specialist

Statistic Type
SUPERIOR General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

159

39

107

56

6

Impasse
45

Courts Served: Superior, Probate Courts Collecting Fees: Superior, Probate, Magistrate

Program Start Date: 1995 Fee Surcharge: $7

Court/System required participation in ADR processes: Yes, in referred cases.
Types of cases / issues currently handled: DOMESTIC: Divorce, modification of divorce; custody; support; alimony; property. GENERAL CIVIL
Excluded Cases: Domestic cases involving serious family violence.
How Cases Are Selected: Cases are selected for mediation referral by the judges with the assistance of the court administrator's office. Some cases are referred by request of attorney.
Neutral Selection: Neutrals are assigned by the court administrator's office on an equal-number basis.
Neutral Compensation: The parties compensate the neutrals in strictly commercial cases and some insurance cases. In all other cases, the program compensates the neutral. Neutrals are compensated $125 per hour.
Continuing Education for Neutrals: Continuing education is not required for neutrals.
Evaluation of Neutrals: Questionnaires are completed by parties, attorneys, and neutrals.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: Yes
Background Information: Mediation services are provided in superior and probate court cases. Two neutrals are registered to do early neutral evaluation as well. The program handles civil and domestic cases.

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Georgia Commission on Dispute Resolution

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Georgia Commission on Dispute Resolution
Cordele Judicial Circuit ADR Program
197 Highway 300, South Cordele, GA 31015
Office: (229) 276-2607 Fax: (229) 276-2648 E-Mail: billadr@sowega.net
Areas/Counties Served: Cordele Judicial Circuit (4 counties: Ben Hill, Crisp, Dooly, Wilcox)
ADR Processes Offered: Mediation
Program Staff: Kay Hurt, Mediation Program Director

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full Agreement

Partial Agreement

Impasse

SUPERIOR

Civil

19

7

12

3

0

9

Domestic

52

30

22

15

0

7

STATE

General

0

0

0

0

0

0

MAGISTRATE

General

11

3

8

4

1

3

JUVENILE

General

63

1

62

47

0

15

Courts Served: Superior, Probate, Magistrate, Juvenile Courts Collecting Fees: Superior, Probate, Magistrate

Program Start Date: 1995 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes, all contested domestic relations cases are referred to mediation. Likewise, any contested civil matter may be referred to mediation by consent of the parties or by court order.
Types of cases / issues currently handled: DOMESTIC RELATIONS: Divorce, custody, separate maintenance, child support, and other domestic relations. GENERAL CIVIL: Cases are assigned to mediation by request. JUVENILE: Cases include shoplifting, simple assault, truancy, disorderly conduct, unruly and trespass cases.
Excluded Cases: URESA
How Cases Are Selected: Cases are screened by the judge or ADR office. All domestic cases are screened upon the filing of a contested answer to determine if the case is appropriate. Juvenile cases are referred by Department of Juvenile Justice, a district attorney, or a judge.
Neutral Selection: The parties may choose either: 1.) private mediator, 2.) program mediator or; 3.) request Program Director to select a program mediator.
Neutral Compensation: Program mediators are paid by the ADR program for the first 3 hours. After 3 hours, the parties pay. Parties pay for private mediators.
Continuing Education for Neutrals: Three hours annually (Cordele Judicial Circuit); participation in GODR

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training when possible.
Evaluation of Neutrals: The Program Director observes neutrals. Parties and/or attorneys also provide comments.
Attorney Involvement: Yes
Seminar requirement for divorcing parents in domestic cases: Yes
Background Information: The Cordele Judicial Circuit began a mediation program in June 1995. Contested superior court domestic relations cases, civil cases that are continued after a term of court, and appeals from the magistrate court are referred to mediation. The Magistrate Court of Ben Hill County refers selected cases as well. Juvenile mediation is available throughout the circuit.

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Georgia Commission on Dispute Resolution

Coweta Judicial Circuit ADR Program

Troup County Mediation Center

Carroll County Mediation Center

100 Ridley Avenue, Suite 2500

207 Courtyard Square

LaGrange, GA 30240

Carrollton, GA 30117

Office: (706) 883-2168

(770) 830-5983

Fax: (706) 883-2169

(770) 830-5851

E-Mail: shicks@troupco.org

Areas/Counties Served: Carroll, Coweta, Heard, Merriwether, and Troup Counties

ADR Processes Offered: Mediation Program Staff: Sheryl Hicks, Coweta Circuit ADR Director (Located in Troup Co.); Elmira Barrow, Coweta Circuit Program Coordinator (Located in Carroll Co.); Wanda Cotton and Gay Dittman, Program Assistants (Located in Troup Co.); Megan Haralson, Carroll County Magistrate Coordinator (Located in Carroll Co.)

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

Civil

8

3

5

4

0

1

Domestic

427

21

403

265

20

118

STATE

General

4

1

3

2

0

1

MAGISTRATE

General

490

83

407

295

2

110

PROBATE

General

18

2

16

12

0

4

JUVENILE

General*

112

35

77

73

1

3

Courts Served: Superior, State, Probate, and Magistrate Courts Collecting Fees: Superior, State, Probate, and Magistrate

* See Carrol County Juvenile Court Mediation Program
Program Start Date: 1992 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes, both voluntary and mandatory participation occur in this program. Superior court domestic cases are required to attempt mediation before the cases may be placed on a calendar for a final hearing . Other courts in the circuit refer on a case-by-case basis.
Types of cases / issues currently handled: Domestic cases: property; custody; child support; alimony; modifications of custody and child support; actions brought by grandparents for custody and visitation. Small claims: repairs; damage to property; land disputes; etc. from magistrate court. Criminal: misdemeanor cases from the magistrate court and state courts including criminal trespass; abusive language; simple thefts; harassing phone calls; simple battery (non-domestic); city ordinance violations, etc. Community referrals: disputes between neighbors and family members (i.e. noise complaints, children causing problems, maintenance of trees and shrubs, etc.)
Excluded Cases: Cases may be excluded if determined to be due to domestic violence or child abuse issues.
How Cases Are Selected: A standing order requires mediation in appropriate domestic cases. Other cases are referred on a case by case basis by judges, solicitors, law enforcement, etc. Parties and attorneys also request mediation.
Neutral Selection: Parties may select their mediator and negotiate a fee. If they do not select, the program

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assigns mediators on a rotating basis. When volunteer mediators are used Superior, State, Probate and Magistrate court cases, the program assigns the mediator on a rotating basis.
Neutral Compensation: The parties compensate the neutral in the Superior, State and Probate Courts; the Magistrate Courts use volunteers. The fee schedule is $150 for the first 2.5 hours; $50 each hour thereafter over to $75 an hour if the court appoints the mediator. If the parties select the mediator, they negotiate the fee. Volunteers in Magistrate Court receive a $25 stipend per case mediated.
Continuing Education for Neutrals: The program requires 8 hours of continuing education each year for neutrals serving the program. The program usually provides more than 8 hours.
Evaluation of Neutrals: Formal evaluation of neutrals is conducted by the program and by the parties.
Attorney Involvement: Attorneys regularly attend mediation sessions.
Seminar requirement for divorcing parents in domestic cases: The Superior Court requires all parties in domestic cases to attend the parenting workshop. If children's issues are to be mediated, the parties are required to attend the workshop prior to scheduling the mediation session.
Background Information: Parties in Superior Court domestic cases are required to attempt mediation before the case may be placed on a calendar for a final hearing in the Coweta Judicial Circuit. The parties and attorneys determine the point in time for actual referral to the program; then an initiation form is submitted and the program schedules the mediation session. Cases are also referred by Judges, attorneys or parties in Superior, State, Magistrate, and Probate from Carroll, Coweta, Heard, Meriwether and Troup, and the parties pay the mediator fees at the same rate as for domestic cases. Volunteer mediators in Magistrate courts receive a $25 stipend per case mediated.

FY 2005 Annual Report

72-1

Georgia Commission on Dispute Resolution
DeKalb County Courts Dispute Resolution Center
106 E. Ponce de Leon Ave. Decatur, GA 30030
Office: (404) 370-8193 (404) 370-8194 Fax: (404) 370-8195 E-Mail: bbstern@co.dekalb.ga.us
Areas/Counties Served: DeKalb County
ADR Processes Offered: Mediation, Arbitration, Early Neutral Evaluation, Case Evaluation
Program Staff: Bev Bradburn-Stern, Program Director

Statistic Type
SUPERIOR Civil Domestic
STATE General
MAGISTRATE General
PROBATE General
JUVENILE General

Cases Referred

Program Statistics FY 05' July 2004- June 2005

Settled/ Dismissed
Prior

ARBITRATION

ENE

Cases Demands Cases Cases Arbitrated For Trial Evaluated Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

80

11

1032

29

1

0

0

-

-

2

40

16

798

484

1

23

89 216

565

194

1

-

2

193

115

2

71

27

0

0

-

-

23

12

0

11

5

0

0

-

-

5

4

0

1

4

0

0

-

-

4

4

0

0

Courts Served: Superior, State, Probate, Magistrate, and Juvenile Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1990 Fee Surcharge: $7

Court/System required participation in ADR processes: Cases referred are required to explore with Center staff through an intake procedure if and which ADR service might be effective in resolving or narrowing the issues in dispute. Utilization of ADR services is voluntary.
Types of cases / issues currently handled: General civil, domestic, probate, juvenile deprivation.
Excluded Cases: Appeals from rulings of administrative agencies; forfeitures of seized property; habeas corpus and extraordinary writs; bond validations; declartory reliefs URESA cases; injunctive relief.
How Cases Are Selected: Judges refer case on a case-by-case basis for Superior, State, Probate, Magistrate, and Juvenile Courts. State Court also requires all cases once an answer and jury demand are filed to go through an ADR intake process. All cases are screened by program staff for appropriateness.
Neutral Selection: Staff appoint neutrals to cases based on match of the case issues with the neutral's background. Parties are free to select private mediation and select their own neutral that they will pay directly.
Neutral Compensation: The program compensates the neutral. The neutral is paid $125 for the first 2 hours. Over 2 hours, neutrals receive $50 per hour (maximum $250 for civil; $350 for domestic). Parties can elect additional time for which they will pay neutral's private rate up to $150 per hour.
Continuing Education for Neutrals: 4 hours of continuing education per year is required for neutrals.
Evaluation of Neutrals: Formal evaluations of the mediators are done by both the parties and the program.

FY 2005 Annual Report

73-1

Georgia Commission on Dispute Resolution
Attorney Involvement: Attorneys regularly attend mediaited sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: Yes.
Background Information: DeKalb County offers a multi-door program. Staff help parties to select from mediation, binding and non-binding arbitration, case evaluation and early neutral evaluation. The County ADR fund pays for 6.5 hours of domestic mediation, 4.5 hours of general civil, 2.5 hours for magistrate court cases, and 3.5 hours for cases utilizing arbitration. After that, parties split the cost per hour cost of the neutral's private rate up to $150 per hour with some exceptions.Courts send cases on a case-by-case basis. State court also requires all cases that have filed a jury demand to consider use of ADR, infrom clients of ADR options and consult with DRC staff regarding ADR prior to being placed on a trial calendar. Neutrals who serve in the program are categorized by training, experience and interest. Staff appoint neutrals to cases based on match of the case issues with the neutral's background.

FY 2005 Annual Report

74-1

Georgia Commission on Dispute Resolution
DeKalb County Juvenile Court Mediation Program
3631 Camp Circle Decatur, GA 30032 Office: (404) 294-2438 Fax: (404) 294-2530 E-Mail: bdsnyder@co.dekalb.ga.us

Areas/Counties Served: Juvenile Court

ADR Processes Offered: Mediation

Program Staff: Bernadette Thomas-Snyder, Probation Supervisor, Bernadette Thomas-Snyder, Mediation Coordinator/Director; Carlos Highsmith, Shamarius Mathis, Hyacinth Douglas, Rick Newman, Chelsea Dennis, LaTonya Mitchell; Probation Officers Judy Hudson, Citizens Panel Review

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

439

211

228

224

4

Impasse
0

Courts Served: Juvenile Courts Collecting Fees: Juvenile

Program Start Date: 1991 Fee Surcharge: N/A

Court/System required participation in ADR processes: Yes, cases may be referred directly from the juvenile court intake case list. These are usually misdemeanor offenses, with an identifiable victim. Status offenses, cases involving police officers, teachers and some domestic violence cases are not appropriate for mediation. Cases involving teachers at Sexton Woods are referred to mediation at the teacher's request.
Domestic Cases involving siblings and step-parents who do not live in the household with the child are now being mediated.
The District Attorney's Office, upon reivew, may recommend a case be sent to mediation. Cases may be referred from court by the judges after the defendants are in the adjudicatory hearing.
Types of cases / issues currently handled: First offenses, theft, and vandalism, including these: battery, simple battery, criminal trespass, sexual battery, aggravated assualt, criminal damage to property. The court also mediates community-referred cases.
Excluded Cases: Shoplifting, unruly/ungovernable, including truancies, runaways and alcohol violations as well as cases in which a teacher or law enforcement officer is a victim of juvenile assault.
How Cases Are Selected: The program director screens cases for mediation. Many referrals are impromptu referrals from one of the juvenile judges.
Neutral Selection: The program does not use outside mediators; all mediations are conducted by seven trained staff members who hold other positions in the court. The program director selects the mediator assigned to each case.
Neutral Compensation: N/A

FY 2005 Annual Report

75-1

Georgia Commission on Dispute Resolution
Continuing Education for Neutrals: Required for neutrals. Evaluation of Neutrals: Parties and attorneys complete an evaluation. Attorney Involvement: Most attorney involvement is with deprivation cases and cases coming from court.
Background Information: DeKalb County's juvenile mediation program began in 1991. The program is unique in that it does not use any outside mediators; all mediations are conducted by trained court staff members. The DeKalb program mediates an average of 25 cases per month. Most of the cases involve school disputes that come under a county policy of referring all parties in disorderly conduct cases to court.

FY 2005 Annual Report

76-1

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

77-1

Georgia Commission on Dispute Resolution
Dublin Judicial Circuit Mediation Program
P.O. Box 8186 Dublin, GA 31040 Office: (478) 272-4824 Fax: (478) 272-1639
Areas/Counties Served: Dublin Judicial Circuit: (4 counties: Laurens, Twiggs, Johnson, Treutlen) ADR Processes Offered: Mediation
Program Staff: Elizabeth A. Rutrough, Mediation Coordinator; Jeannine Loyd, Assistant Mediation Coordinator

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

General

34

12

22

14

1

7

MAGISTRATE

General

197

1

196

136

4

56

PROBATE

General

0

0

0

0

0

0

JUVENILE

General

1

0

1

1

0

0

Courts Served: Superior, Probate, Magistrate, Juvenile Courts Collecting Fees: Superior, Probate, Magistrate, Juvenile

Program Start Date: 1994 Fee Surcharge: $5

Court/System required participation in ADR processes: All contested domestic relations cases are assigned to mediation and will be mandated to mediation unless deemed inappropriate. Civil cases are accepted by the program on a voluntary basis or by court order. Civil magistrate cases and a few probate cases have been referred to the program. Magistrate court warrant applications are referred by the judge to mediation.
Types of cases / issues currently handled: Contested domestic relations cases, civil cases, and warrant applications.
Excluded Cases: Administrative agency appeals, forfetiures, habeaus corpus, bond validations, declaratory relief, child support enforcement actions.
How Cases Are Selected: The mediation coordinator does the initial screening by physically going through new domestic cases filed. Some initial screening is also done by the judges' offices as well. If there are allegations of domestic violence in pleadings, the case is screened further, pursant to the proper screening procedures. In magistrate courts, mediators are available on civil court dates for mediation and warrant application hearings.
Neutral Selection: Mediators are initally assigned by the program. Parties may change the mediator within the mediator.
Neutral Compensation: The program compensates the neutrals $200 per domestic case and $50 per hour for 10 days as long as the mediator is registered with the Georgia Office of Dispute Resolution.

FY 2005 Annual Report

79-3

Georgia Commission on Dispute Resolution
Continuing Education for Neutrals: Neutrals are required to complete continuing education as required by the Georgia Office of Dispute Resolution.
Evaluation of Neutrals: The participants in a mediation session are given evalutaion forms. The Program reviews the evaluation forms and reports to the mediators. The Mediation Coordinator does rendom observations of mediation sessions.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients. Attendance is optional.
Background Information: The program began in December 1994, serving only Laurens County. Since November 1995, the program has been available circuit-wide and includes Laurens, Twiggs, Johnson and Treutlen counties. The program primarily serves the superior courts in the circuit; however the program occasionally receives referrals from other courts.

FY 2005 Annual Report

80-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

81-3

Georgia Commission on Dispute Resolution

Eastern Judicial Circuit ADR Program

Chatham County Courthouse

The Mediation Center

133 Montgomery St., Suite 426

5105 Paulsen Road, Ste 143-B

Savannah, GA 31401

Savannah, GA 31405

Office: (912) 652-7519

(912) 354-6686

Fax:(912) 652-7591

(912) 354-8690

E-Mail: ltgernay@chathamcounty.org cward32@bellsouth.net

Areas / Counties Served: Chatham

ADR Processes Offered: Mediation

Program Staff: Linda Gernay, Program Director; Carol Maletta, Administrative Assistant; Connie Ward, Executive Director of the Mediation Center; Lisa Morin, Program Coordinator; Sandra Varner, Data Clerk

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

Civil

91

14

47

36

0

11

Domestic

135

18

122

68

3

51

STATE

General

497

83

285

179

0

105

PROBATE

General

5

0

3

1

0

2

JUVENILE

General

6

0

3

3

0

0

OTHER

General

33

3

11

7

0

4

MAGISTRATE

General

72

5

59

35

0

24

Courts Served: Superior, State, Probate, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1986 Fee Surcharge: $7.50

Court/System required participation in ADR processes: Cases are referred on a case-by-case basis.

Types of cases / issues currently handled: Domestic relations; contract disputes; magistrate court appeals; debt; probate; personal injury; and limited criminal work.
Excluded Cases: None
How Cases Are Selected: Cases are screened by the ADR director, judges and law clerks. By agreement, parties and/or attorneys may request mediation.
Neutral Selection: The Mediation Center is the default provider, but parties may choose a private mediator within 10 days of the court order by notifying the ADR Director.
Neutral Compensation: The Mediation Center pays the neutral a stipend of $10 per civil case and $50 per domestic case. If the parties select a private provider, the parties pay the mediator.
Continuing Education for Neutrals: A minimum of 3-hours of continuing education is required.

FY 2005 Annual Report

81-3

Georgia Commission on Dispute Resolution
Evaluation of Neutrals: The Mediation Center conducts an annual evaluation. Any attorney or client who participated in mediation is asked to complete a survey evaluating the mediator and the services they received.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients. Attendance is optional.
Seminar requirement for divorcing parents in domestic cases: Yes.
Background Information: The Mediation Center was established in 1986 as a community-based program. All mediators are volunteers.

FY 2005 Annual Report

82-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

83-3

Georgia Commission on Dispute Resolution
Floyd County Magistrate Court Mediation Program
Three Government Plaza, Suite 227 Rome, GA 30161
Office: (706) 291-5250 Fax: (706) 291-5269 E-Mail: Caldwellp@floydcountyga.org
Web Site: http://georgiacourts.org/magistrate/floyd
Areas/Counties Served: Floyd County
ADR Processes Offered: Mediation
Program Staff: Priscilla Caldwell, Mediation Coordinator

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

MAGISTRATE

General

522

0

522

383

0

Impasse
139

Courts Served: Magistrate Court Courts Collecting Fees: Magistrate Court

Program Start Date: 1998 Fee Surcharge: $5

Court/System required participation in ADR processes: Judge orders participants to attempt to settle through mediation.
Types of cases / issues currently handled: Civil cases and dispossessories
Excluded Cases: County ordinance violations, deposit account fraud and warrant applications.
How Cases Are Selected: Cases are reviewed by the chief judge for appropriateness.
Neutral Selection: Neutrals are selected by the program; however, parties may petition the court for appointment of another neutral for good cause shown.
Neutral Compensation: Prior to June 1 2001, neutrals served as volunteers and were not compensated. However as of 6-1-2001, neutrals began receiving $50 per mediation as compensation.
Continuing Education for Neutrals: Continuing education hours are required through Georgia Office of
Dispute Resolution.
Evaluation of Neutrals: A plan is being implemented to evaluate neutrals by a party not directly involved in our mediation program.
Attorney Involvement: Yes, numerous cases sent to mediation have involved attorneys on one or both sides of case. Some attoyneys are requesting mediation.
Background Information: Floyd County Magistrate Court began receiving cases in November 1998.

FY 2005 Annual Report

83-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

84-3

Georgia Commission on Dispute Resolution
Fulton County Courts Office of Alternative Dispute Resolution
160 Pryor St., S.W., Suite JG-26 Atlanta, GA 30303
Office: (404) 730-4549 Fax: (404) 335-2518 E-Mail: angela.winfrey@co.fulton.ga.us
Areas/Counties Served: Fulton County
ADR Processes Offered: Mediation, Arbitration, Early Neutral Evaluation
Program Staff: Angela Dash Winfrey, Program Director

Statistic Type
SUPERIOR Civil Domestic
STATE General

Cases Referred

Program Statistics FY 05' July 2004- June 2005

Settled/ Dismissed
Prior

ARBITRATION

Cases

Demands For

Arbitrated

Trial

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

213

40

1205

18

6

1

106

50

3

53

-

-

1274

730

221 323

242

64

29

5

140

72

1

67

Courts Served: Superior, State, Probate, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1986 Fee Surcharge: $7.50

Court/System required participation in ADR processes: Yes, a combination of voluntary and mandatory participation is used in assigning cases to ADR.
Types of cases / issues currently handled: Any civil cases filed in Superior or State court may be ordered to mediation or arbitration at the discretion of the judge assigned to the case. Any domestic case may be assigned to mediation, arbitration, or case evaluation by the judge assigned to the case.
Excluded Cases: Criminal cases
How Cases Are Selected: Superior and State Court civil cases can be assigned in one of two ways: 1) by order of the judge assigned to the case; 2) by petition of one or both of the parties.
Neutral Selection: All neutrals must be registered with the Georgia Office of Dispute Resolution. Arbitrators must be members of the Georgia Bar in good standing and must apply for acceptance into the program. They are assigned cases randomly. Civil Mediation: Mediators from the Justice Center of Atlanta provide services through a contract. They are assigned cases by the Justice Center of Atlanta. Domestic Mediation: Domestic mediators are outside vendors who must apply for acceptance into the program. Mediators are assigned cases at random unless a specific experience background is requested.
Neutral Compensation: Arbitrators and case evaluators are paid by the ADR program. Mediators are paid by the Justice Center of Atlanta, through a contract for civil cases. Domestic mediators are paid by the ADR program.

FY 2005 Annual Report

85-3

Georgia Commission on Dispute Resolution
Continuing Education for Neutrals: Continuing education required by the Georgia Office of Dispute Resolution.
Evaluation of Neutrals: Formal evaluation of the neutrals is periodically done by the parties. Peer evaluation is used with arbitrators.
Attorney Involvement: Attorneys may attend mediation sessions with their clients.
Background Information: The Fulton County ADR Program serves the Superior and State courts and provides civil arbitration, mediation, case evaluation and domestic mediation services. Any civil or domestic case may be ordered to ADR by the court. Parties have the option of choosing private ADR at their expense. Parties may opt for an ADR process other than the one to which they were directed. Services of the Fulton County ADR Program are at no cost to the parties. Domestic Mediation serves only the Superior Court of Fulton County. The domestic program also administers the seminar for divorcing parents, and a seminar for minor children of divorcing parents. A seminar for Spanish-speaking divorcing parents has been added.

FY 2005 Annual Report

86-3

Georgia Commission on Dispute Resolution
Fulton County Juvenile Court Mediation Program
395 Pryor St. Atlanta, GA 30312 Office: (404) 224-4578 Fax: (404) 893-1872 E-Mail: gwen.bailey@co.fulton.ga.us

Areas/Counties Served: Fulton County
ADR Processes Offered: Mediation
Program Staff: Gwen Bailey, Director; Tenaya Williams, Program Assistant

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005*

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

864

466

398

357

3

Impasse
38

* Statistical approximation

Courts Served: Juvenile Courts Collecting Fees: Juvenile

Program Start Date: 1999 Fee Surcharge: N/A

Court/System required participation in ADR processes: Yes
Types of cases / issues currently handled: Custody, visitation, deprivation, and delinquency cases Excluded Cases: Serious offenses and repeat offenders
How Cases Are Selected: Referred by judges and court staff.
Neutral Selection: Must be registered with the Georgia Office of Dispute Resolution and participate in Juvenile mediation training.
Neutral Compensation: $40 - delinquency cases; $150 - deprivation cases Continuing Education for Neutrals: Yes, all neutrals are required to have ten hours of training a year. Evaluation of Neutrals: N/A Attorney Involvement: Attorneys may attend mediation sessions. Seminar requirement for divorcing parents in domestic cases: N\A Background Information: The Fulton County Juvenile Court Mediation Program has been mediating cases since 1999. The program began mediating deprivation cases in 2004.

FY 2005 Annual Report

87-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

88-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

89-3

Georgia Commission on Dispute Resolution
Fulton County Magistrate Court Mediation Program
976 Edgewood Ave. NE Atlanta, GA 30307
Office: (404) 523-8236 Fax: (404) 523-3936 E-Mail: roger@justicecenter.org
Areas/Counties Served: Fulton County
ADR Processes Offered: Mediation
Program Staff: Roger Krystopa, Program Director

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

MAGISTRATE

Civil

903

65

734

396

2

Criminal

491

0

491

401

0

Impasse
336 90

Courts Served: Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1990 Fee Surcharge: $5

Court/System required participation in ADR processes: No.
Types of cases / issues currently handled: A wide variety of Magistrate Court civil cases are referred to mediation. Misdemeanor criminal cases may also be referred to mediation.
Excluded Cases: Cases involving domestic violence; felonies
How Cases Are Selected: Many types of Magistrate Court cases are routinely referred to mediation.
Neutral Selection: Mediators from the Justice Center of Atlanta provide services through a contract.
Neutral Compensation: Mediators are paid by the Justice Center of Atlanta, through a contract for civil cases.
Continuing Education for Neutrals: The Justice Center requires the neutrals that mediate Magistrate Court cases to attend at least one continuing education seminar each year.
Evaluation of Neutrals: Formal evaluation of the neutrals and the process is periodically done by the parties through The Justice Center of Atlanta.
Attorney Involvement: Many parties involved in the Magistrate Court process are not represented by counsel. However, parties who are represented are encouraged to have their attorneys attend and participate in the mediation session.
Seminar requirement for divorcing parents in domestic cases: N/A

FY 2005 Annual Report

89-3

Georgia Commission on Dispute Resolution
Background Information: Since 1978, The Justice Center of Atlanta has mediated Magistrate Court cases referred to mediation by the Fulton County Magistrate Court at no cost to the parties. The Justice Center handles these cases through a contract with Fulton County.

FY 2005 Annual Report

90-3

Georgia Commission on Dispute Resolution
Fulton County Probate ADR Program
136 Pryor Street, Room C-230 Atlanta, GA 30303
Office: (404) 730-4658 (404) 730-4688 Fax: (404) 730-7998

Areas/Counties Served: Fulton County
ADR Processes Offered: Mediation (or other ADR processes if requested by parties, at their own expense)
Program Staff: Julie Ingram, Staff Attorney; Roxanne Blake, Judicial Assistant

Statistic Type
PROBATE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

113

8

89

49

0

Impasse
40

Courts Served: Probate Courts Collecting Fees: Probate

Program Start Date: 1990 Fee Surcharge: $3

Court/System required participation in ADR processes: Yes, participation is mandatory by court order.
Types of cases / issues currently handled: The cases referred include solemn form probates, applications for letters of administration, applications for 12 months support, petitions for accounting and removal, petitions for attorneys' fees and petitions for final settlement. Issues include validity of will, who should represent estate, who the heirs are, how estate assets should be distributed, should a representative be removed.
Excluded Cases: Contested adult guardianships; Cases where parties can show good cause why mediation is not appropriate.
How Cases Are Selected: As a general rule, all contested matters in the probate court are referred to mediation.
Neutral Selection: Mediators from the Justice Center of Atlanta provide services through a contract. They are assigned cases by the Justice Center of Atlanta.
Neutral Compensation: Mediators are paid by the Justice Center of Atlanta, through a contract for civil cases.
Continuing Education for Neutrals: Program coordinator provides non-mandatory training to probate mediators 1-2 times each year. Justice Center of Atlanta mediators are required to take specialized training and observe several probate cases before mediating a probate case.

Evaluation of Neutrals: Formal evaluation of the neutrals and the process is periodically done by the parties through the Justice Center of Atlanta.

FY 2005 Annual Report

91-3

Georgia Commission on Dispute Resolution
Attorney Involvement: Many parties involved in probate court disputes are not represented by counsel. However, parties who are represented are encouraged to have their attorneys attend and participate in the mediation session.
Seminar requirement for divorcing parents in domestic cases: N/A
Background Information: In August 1990, the Fulton County Probate Court began ordering parties in most contested matters to mediation at the Justice Center of Atlanta, Inc. at no cost to the parties. The parties also have the option of choosing another mediation service or another form of alternative dispute resolution, such as arbitration, at their own expense. Very few parties utilize another mediation service or another form of alternative dispute resolution.

FY 2005 Annual Report

92-3

Georgia Commission on Dispute Resolution
Fulton County State/Magistrate Court Landlord/Tenant Mediation Program
185 Central Avenue, SW, Room TG400 Atlanta, GA 30303
Office: (404) 918-3581 Fax: (678) 473-1755 E-Mail: bonniepowell@bellsouth.net
Areas/Counties Served: Fulton
ADR Processes Offered: Mediation
Program Staff: Bonnie Powell, Program Director Amber Gallman, Assistant Director

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION
Partial Full Agreement Agreement

MAGISTRATE

General

2,576

0

2,129

1,679

0

Impasse
450

Courts Served: State, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1995 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes, all contested dispossessory actions filed in Magistrate Court are required to participate in mediation.
Types of cases / issues currently handled: DISPOSSESSORY CASES: Non-payment of rent; repair issues; other related property issues; counter claims.
Excluded Cases: Non-landlord tenant cases
How Cases Are Selected: All contested dispossessory actions in Magistrate Court are scheduled for mediation. State Court dispossessory actions are referred to mediation by the trial judge and by request of the parties.
Neutral Selection: Mediators are assigned by the program director. The program uses exclusively law students and lawyers.
Neutral Compensation: Neutrals are compensated by the program. Law students earn 2-3 law school credits. Other neutrals are compensated $100 per day.
Continuing Education for Neutrals: No continuing education is required by the program.
Evaluation of Neutrals: Formal evaluations are done by the parties, attorneys and the program director.
Attorney Involvement: The majority of the parties are pro se, but when a party is represented, counsel generally attends the mediation.
Seminar requirement for divorcing parents in domestic cases: N/A

FY 2005 Annual Report

93-3

Georgia Commission on Dispute Resolution
Background Information: The program is structured primarily as a law school externship using student mediators from Georgia State University, Emory University, and John Marshall Law School (Atlanta). Attorney mediators are scheduled to mediate cases during the summer and during student breaks. All contested dispossessory actions filed in Magistrate Court are referred to mediation. Mediations take place two hours before the trial calendar in dispossessory court on Tuesdays and Thursdays. State Court cases may be referred to mediation by the trial judge or by request of the parties.

FY 2005 Annual Report

94-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

95-3

Georgia Commission on Dispute Resolution
Gwinnett Judicial Circuit ADR Program
Gwinnett Justice and Administration Center, 75 Langley Dr. Lawrenceville, GA 30045-6900
Office: (770) 822-8587 Fax: (770) 822-8588 E-Mail: lauralynn.swafford@gwinnettcourts.com
Web Site: www.gwinnettcourts.com
Areas/Counties Served: Gwinnett County
ADR Processes Offered: Mediation
Program Staff: Laura Lynn Swafford, Director, ADR Programs; Dawn Singley, ADR Case Manager

Program Statistics FY 05' July 2004- June 2005*

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

Civil

74

12

50

33

2

15

Domestic

442

18

342

154

56

132

STATE

General

670

279

285

187

5

93

MAGISTRATE

General

640

0

640

476

0

164

JUVENILE

General

50

13

37

34

0

3

* Statistical approximation

Courts Served: Superior, State, Magistrate, Juvenile, Probate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1995 Fee Surcharge: $5

Court/System required participation in ADR processes: Although participation in mediation is primarily voluntary, judges may order cases to mediation on a case-by-case basis.
Types of cases / issues currently handled: All general civil and domestic cases, juvenile cases and magistrate warrant application cases.
Excluded Cases: Cases involving domestic violence, physical abuse or sexual abuse.
How Cases Are Selected: At the request of the parties or on a case-by-case basis by the judge's office.
Neutral Selection: Superior, State, Magistrate and Probate: neutrals are selected by the parties from a list developed according to expertise and experience. If the parties cannot agree, the court will appoint the neutral. Juvenile, Magistrate Warrant Application Hearings, Magistrate Civil Hearing, custody cases transferred to Juvenile Court: Neutrals are assigned on a rotational basis by the Dispute Resolution Office.
Neutral Compensation: Depending on the court, the parties or the court will compensate the neutral. For Magistrate and Juvenile Court cases, the Court pays the mediator $35 per case; for domestic cases transferred to Juvenile Court, the Court pays the mediator $150 per case for the first two hours; all other cases, the mediator sets his/her fee.

FY 2005 Annual Report

95-3

Georgia Commission on Dispute Resolution
Continuing Education for Neutrals: Four hours of continuing education are required for neutrals.
Evaluation of Neutrals: Formal evaluations of neutrals are conducted by the parties.
Attorney Involvement: Attorneys regulary attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: Yes
Background Information: The Gwinnett Judicial Circuit Program offers ADR processes in Superior, State, Probate, Magistrate and Juvenile courts. The referral process and the fee scale are different for each court. In Magistrate criminal cases, the parties both elect and are ordered to attend mediation. In Juvenile cases, parties are ordered to mediation. For State and Superior Court cases, referral to mediation is primarily at the request of the parties. Parties select their own neutral and the neutral sets his/her own fee rate. For Superior Court domestic cases transferred to Juvenile Court, the Court appoints the mediator. Mediators are made available for Magistrate Court criminal warrant applications and civil hearings.The mediators are available for the time of the hearing; nothing is scheduled in advance.

FY 2005 Annual Report

96-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

97-3

Georgia Commission on Dispute Resolution
Henry County Juvenile Court ADR Program
34 John Frank Ward Blvd. McDonough, GA 30253
Office: (770) 954-2498 Fax: (770) 954-2951
Areas/Counties Served: Henry County ADR Processes Offered: Mediation Program Staff: Sherrie Grant, Program Director

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

89

3

86

86 N/A

Impasse
N/A

Courts Served: Juvenile Court Courts Collecting Fees: $75 per respondent

Program Start Date: 2001 Fee Surcharge: None

Court/System required participation in ADR processes: No, cases are referred to mediation by Assistant District Attorney and on occasion the Judge may refer a case to mediation out of court. Types of cases / issues currently handled: Juvenile
Excluded Cases: None
How Cases Are Selected: Cases are selected through the Assistant District Attorney office and are either referred to mediation or to go before the Judge.
Neutral Selection: Selected by the program.
Neutral Compensation: The mediation program compensates the mediators with a base fee of $40 per mediation. Continuing Education for Neutrals: N/A Evaluation of Neutrals: No formal evaluation is conducted. Attorney Involvement: Attorneys may attend mediation sessions with their clients. Seminar requirement for divorcing parents in domestic cases: N/A Background Information: The Henry County Juvenile Court ADR Program was started in 2001.

FY 2005 Annual Report

97-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

98-3

Georgia Commission on Dispute Resolution
Houston County Juvenile Court Mediation Program
202 Carl Vinson Parkway Warner Robins, GA 31088 Office: (478) 542-2011 Fax: (478) 922-4279 E-Mail: smelvin@houstoncountyga.org
Areas/Counties Served: Houston County
ADR Processes Offered: Mediation
Program Staff: Susan Melvin, Program Director

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005*

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

219

24

163

163

0

Impasse
0

* Statistical approximation

Courts Served: Juvenile Courts Collecting Fees: Supervision fees by the Juvenile Court.

Program Start Date: 1991 Fee Surcharge: None

Supervision Fee: A $30 supervision fee is retained for each respondent in a mediation.
Court/System required participation in ADR processes: Yes, voluntary and mandatory participation occur in this program.
Types of cases / issues currently handled: Unruly/ungovernable cases; most first offenses; some second offenses at the judge's discretion; some felonies; deprivation cases.
Excluded Cases: Shoplifting cases, traffic violations and fighting in school.
How Cases Are Selected: Intake and diversion decisions are made by the sheriff's juvenile division and the judge.
Neutral Selection: All volunteers are trained in general and specialized juvenile mediation training totaling 40 hours. Neutrals are selected from a list by the Program Director.
Neutral Compensation: $25.00 per mediation.
Continuing Education for Neutrals: Yes
Evaluation of Neutrals: The Program Director will supervise the mediators periodically for compliance of mediation guidelines.
Attorney Involvement: Attorneys may be included in the mediation sessions.
Seminar requirement for divorcing parents in domestic cases: N/A

FY 2005 Annual Report

99-3

Georgia Commission on Dispute Resolution
Background Information: Houston County Juvenile Court Mediation Program is among the oldest juvenile mediation programs in the State of Georgia, beginning in 1991 with monies provided by a grant. Houston County has a very active juvenile mediation program with some innovative ways of working with the youth and their families. Houston County has a number of agencies that collaborate to offer the resources needed by the families. Often family counseling, drug and alcohol counseling, big brother or sister, social skills program, etc. are a part of the agreement in the mediation.

FY 2005 Annual Report

100-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

101-3

Georgia Commission on Dispute Resolution
Houston and Macon Judicial Circuits
577 Mulberry St., Suite 907 Macon, GA 31201
Office: (478) 751-4137 Fax: (478) 751-4138 Email: thelms@co.bibb.ga.us
Areas/Counties Served: Bibb, Crawford, Peach, and Houston
ADR Processes Offered: Mediation
Program Staff: Tena Helms, Program Director;
Brenda Stroupe, Program Assistant

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

Civil*

111

41

70

41

0

29

Domestic*

62

29

33

22

0

11

STATE

General*

0

0

0

0

0

0

MAGISTRATE

General*

6

2

4

3

0

1

PROBATE

General*

1

0

0

0

0

0

*New Program

Courts Served: Superior, State, Magistrate, Probate, Juvenile Courts Collecting Fees: Superior, State, Magistrate, Probate

Program Start Date: 2003 Fee Surcharge: $5

Court/System required participation in ADR processes: both voluntary and mandatory mediation occur in this program.
Types of cases / issues currently handled: Domestic and general civil.

Excluded Cases: None.

How Cases Are Selected: Referrals are made on a case by case basis. Neutral Selection: Parties select their own neutrals. Neutral Compensation: Fees determined by the neutrals and parties.

FY 2005 Annual Report

101-3

Continuing Education for Neutrals: None. Evaluation of Neutrals: None at this time. Attorney Involvement: Not required, but encouraged. Seminar requirement for divorcing parents in domestic cases: Yes. Background Information:

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

102-3

Georgia Commission on Dispute Resolution
Ninth Judicial Administrative District ADR Program
500 Spring Street, Lanier Building, Suite 205 Gainesville, GA 30501
Office: (770) 535-6909 Fax: (770) 531-4072 E-Mail: valerielyle@adr9.com Web Site: www.adr9.com

Areas/Counties Served: Ninth Judicial Administrative District (excluding Gwinnett County): 14 counties: Cherokee, Dawson, Fannin, Forsyth, Gilmer, Hall, Lumpkin, Pickens, Towns, Union, White, Stephens, Rabun, Habersham) ADR Processes Offered: Mediation

Program Staff: Valerie A. Lyle, Director; Jeanne Buffington, Accounting; Patrica Sammons, Admin. Specialist; Jessica Nguyen, Intern; Carla Brewer, Melissa King, Amanda Long, Programs;

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

General

1024

121

820

503

82

235

STATE

General

437

53

327

317

0

10

MAGISTRATE

General

3582

404

2593

1872

57

664

PROBATE

General

15

0

15

12

0

3

JUVENILE

General

92

5

85

71

0

14

OTHER

Solictor

92

14

78

49

7

17

District Atty

50

10

40

22

0

18

Courts Served: Superior, State, Probate, Juvenile, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1992 Fee Surcharge: $7.50

Court/System required participation in ADR processes: Both voluntary and mandatory processes occur in the 9th JAD ADR program.
Types of cases / issues currently handled: Domestic, general civil, misdemeanor, juvenile deprivation, and felony criminal.
Excluded Cases: None
How Cases Are Selected: The majority of the fourteen counties have standing orders referring all contested domestic cases to mediation prior to final. In other courts and other type cases they are referred on a case by case basis.
Neutral Selection: In Superior, Probate and some State court cases, the parties are encouraged to mutually select a neutral. If they do not select, the program director will select the neutral.

FY 2005 Annual Report

103-3

Georgia Commission on Dispute Resolution
Neutral Compensation: The parties in all Superior, Probate and some State court cases compensate the neutral at their hourly rate. The average rate is $175 per hour. In other cases such a Magistrate, Criminal, Juvenile, Deprivation, State court calendars, the program compensates the neutral based on the type case being mediated.
Continuing Education for Neutrals: Eight (8) hours annually.
Evaluation of Neutrals: Evaluation of the neutrals is conducted both by the parties and the program. The program has occasionally used surveys, observers, program staff and mentors to conduct evaluations.
Attorney Involvement: Attorneys regulary attend mediation sessions with their clients.
Seminar requirement for divorcing parents: Yes
Background Information: N/A

FY 2005 Annual Report

104-3

Georgia Commission on Dispute Resolution
Office of State Administrative Hearings
235 Peachtree Street, NE, Suite 700 Atlanta, GA 30303
Office: (404) 651-9648 Fax: (404) 818-3757 E-Mail: lmoser@oash.state.ga.us Web Site: www.ganet.org/osah
Areas/Counties Served: This program serves the Office of State Administrative Hearings.
ADR Processes Offered: Mediation
Program Staff: Lynda Lee Moser, Program Coordinator

Statistic Type
OTHER General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

16

4

12

6

0

Impasse
6

Courts Served: OSAH Courts Collecting Fees: None

Program Start Date: 1999 Fee Surcharge: None

Court/System required participation in ADR processes: No
Types of cases / issues currently handled: Any case referred to administrative hearing, including but not limited to cases referred from the Department of Human Resources, Department of Community Health, Department of Natural Resources, Department of Revenue and Department of Labor.
Excluded Cases: No case involving allegations of abuse to a minor child or domestic violence shall be referred to mediation.
How Cases Are Selected: Any case may be referred to ADR by the Administrative Law Judge to whom the case is assigned (hereinafter "presiding ALJ") in cooperation with the Program Coordinator. Additionally, the Program Coordinator may refer certain classes of cases to ADR with the consent of a presiding ALJ. Any party may request ADR in a matter which has not been referred to ADR by the presiding ALJ.
Neutral Selection: Neutrals for individual cases will be selected by the Program Coordinator from a roster of registered neutrals. The ALJ to whom the case is assigned for adjudication may request assignment of a particular neutral who has expertise in the subject area.
Neutral Compensation: N/A
Continuing Education for Neutrals: Required
Evaluation of Neutrals: Neutrals serving in the program will be evaluated by the Program Coordinator on an on-going basis. The Program Coordinator may observe ADR sessions on occasion and shall review evaluation information provided by parties and endeavor to provide peer mentoring for neutrals.

FY 2005 Annual Report

105-3

Georgia Commission on Dispute Resolution
Attorney Involvement: Attorneys are not required to attend ADR sessions, but shall be allowed and encouraged to do so. Attorneys of record shall not be excluded from any process.
Seminar requirement for divorcing parents in domestic cases: N/A
Background Information: The Office of State Administrative Hearings (OSAH) formalized its ADR program in 1999. The program, which as part of OSAH serves all counties in Georgia, is voluntary and offers mediation as its primary form of ADR. Presently, five of OSAH's judges are registered mediators who serve as the neutrals for the ADR program. Any OSAH judge who serves as a neutral may not serve in an adjudicatory role in the same case nor in any subsequent proceedings involving the identical parties.Cases referred for administrative hearing include but are not limited to cases from the Department of Human Resources, Department of Community Health, Department of Natural Resources, Department of Revenue or Department of
Labor.

FY 2005 Annual Report

106-3

Georgia Commission on Dispute Resolution
Ogeechee Judicial Circuit ADR Program
P.O. Box 326 Statesboro, GA 30459 Office: (912) 764-0456 Fax: (912) 764-8642 E-Mail: jcatoe@frontiernet.net
Areas/Counties Served: (4 Counties:Bulloch, Effingham, Jenkins, Screven)
ADR Processes Offered: Mediation
Program Staff: Judith Oglesby, Program Director

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION
Partial Full Agreement Agreement

Impasse

SUPERIOR

Civil

26

4

17

10

0

7

Domestic

42

4

33

26

0

7

STATE

General

17

0

10

6

0

4

MAGISTRATE

General

7#5##

10

59

18

4

37

PROBATE

General

0

0

0

0

0

0

Courts Served: Superior Courts Collecting Fees: Superior, State, Magistrate, Probate

Program Start Date: 2002 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes, all mediation cases are ordered by the court into mediation on a case-by-case method. Types of cases / issues currently handled: Contested domestic relations cases and civil cases.
Excluded Cases: Domestic violence cases.
How Cases Are Selected: Contested domestic relations and general civil cases are screened by the mediation program.
Neutral Selection: Selected by parties or program staff.
Neutral Compensation: Fees established by mediators. Compensated by parties or ADR program if indigent. Continuing Education for Neutrals: Required according to ADR rules. Evaluation of Neutrals: None at this time. Attorney Involvement: Not prohibited from attending mediation. Seminar requirement for divorcing parents in domestic cases: Yes

FY 2005 Annual Report

107-3

Georgia Commission on Dispute Resolution
Background Information: The Ogeechee Judicial Circuit ADR Program began in 2002.

FY 2005 Annual Report

108-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

109-3

Georgia Commission on Dispute Resolution
Rockdale County Juvenile Court Mediation Program
P.O. Box 452 Conyers, GA 30012 Office: (770) 918-6793 Fax: (678) 413-4228 E-Mail: kristen.jones@rockdalecounty.org
Areas/Counties Served: Rockdale County
ADR Processes Offered: Mediation
Program Staff: Kristen Jones, Program Coordinator

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full Agreement

Partial Agreement

43

3

40

40

0

Impasse
0

Courts Served: Juvenile Court Courts Collecting Fees: Juvenile Court

Program Start Date: 2002 Fee Surcharge: None

Court/System required participation in ADR processes: Yes Types of cases / issues currently handled: Disorderly conduct, Affray, Simple battery. Excluded Cases: None How Cases Are Selected: Cases are referred to mediation by Intake or the Judge. Neutral Selection: Program Coordinator appoints mediators on a rotating basis. Neutral Compensation: $50 per mediation. Continuing Education for Neutrals: Required Evaluation of Neutrals: Mediation participants complete a survey. Attorney Involvement: Attorneys do not regulary attend mediation sessions with their clients. Seminar requirement for divorcing parents in domestic cases: N/A Background Information: First court-connected ADR program in Rockdale County.

FY 2005 Annual Report

109-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

110-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

111-3

Georgia Commission on Dispute Resolution
Seventh Judicial Administrative District ADR Program
P.O. Box 963 Cartersville, GA 30120 Office: (770) 387-4820 (877) 655-6865 Fax: (770) 387-5479 E-Mail: christophercannon@earthlink.net E-Mail: pamgodfrey@earthlink.net
Areas/Counties Served: Seventh Judicial Administrative District (Seven counties participating: Bartow, Douglas, Floyd, Gordon, Haralson, Paulding, and Polk) ADR Processes Offered: Mediation
Program Staff: Chris Cannon, Program Director; Pam Godfrey, Program Coordinator

Statistic Type
SUPERIOR General

Program Statistics FY 05' July 2004- June 2005

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

2350

942

753

343

51

Impasse
359

Courts Served: Superior, State, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 2001 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes
Types of cases / issues currently handled: General Civil, Domestic
Excluded Cases: Depends on the court
How Cases Are Selected: Cases are selected on a case-by-case basis in the Cherokee Circuit. The Douglas Circuit, Rome Circuit, and Tallapoosa Circuit each require mediation of all appropriate contested civil and domestic cases.
Neutral Selection: Parties choose their own ADR provider in superior and state court cases. If the parties cannot agree on a provider, the provider is assigned by the program on a rotational basis.
Neutral Compensation: In all cases, the parties compensate the provider.
Continuing Education for Neutrals: Required of all members.
Evaluation of Neutrals: Provider evaluations are done on a regular basis by program staff
Attorney Involvement: The Tallapoosa and Paulding Circuits requires that attorneys attend mediation sessions with their clients. The Cherokee Douglas, and Floyd Circuits strongly encourage the participation of attorneys in mediation.
Seminar requirement for divorcing parents in domestic cases: Parties are strongly encouraged to attend prior to mediation.

FY 2005 Annual Report

111-3

Georgia Commission on Dispute Resolution
Background Information: This program began in January 2001. To date, over 4743 cases have been referred.

FY 2005 Annual Report

112-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

113-3

Georgia Commission on Dispute Resolution
Seventh JAD Juvenile Mediation Program
P.O. Box 963 Cartersville, GA 30120 Office: (770) 387-4820 (877) 655-6865 Fax: (770) 387-5479 E-Mail: kathy_sherwin@bellsouth.net
Areas/Counties Served: Seventh Judicial Administrative District (Three counties participating: Haralson, Paulding, and Polk)
ADR Processes Offered: Mediation
Program Staff: Kathy Sherwin, Program Administrator

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

331

76

215

210

1

Impasse
4

Courts Served: Juvenile Courts Collecting Fees: Juvenile

Program Start Date: 2001 Fee Surcharge: $5

Supervision Fee: Court collects supervision fee Court/System required participation in ADR processes: Yes Types of cases / issues currently handled: Deliquent cases Excluded Cases: Traffic How Cases Are Selected: Intake officer or judge Neutral Selection: Selected by the program. Must be registerd with the Georgia Office of Dispute Resolution. Neutral Compensation: $40 per case Continuing Education for Neutrals: As required by the Georgia Office of Dispute Resolution. Evaluation of Neutrals: Provider evaluations are done on a regular basis by program staff. Attorney Involvement: Optional Seminar requirement for divorcing parents in domestic cases: Yes Background Information: This program began in December 2001. To date, over 1243 cases have been referred.

FY 2005 Annual Report

113-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

114-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

115-3

Georgia Commission on Dispute Resolution

Sixth Judicial Administrative District ADR Program

120 N. Hill Street

Griffin, GA 30223

Office: (770) 228-3758 Fax: (770) 228-6387

Website: www.adr6th.org

E-Mail: adr6th@excite.com

Areas/Counties Served: Flint, Griffin and Towaliga Judicial Circuits (8 counties: Butts, Fayette, Henry, Lamar, Monroe, Pike, Spalding, Upson)
ADR Processes Offered: Mediation, Arbitration, Early Neutral Evaluation
Program Staff: Tracy Johnson, Program Director; Liesl Owen; Charlotte Stone

Statistic Type
SUPERIOR Civil Domestic
STATE General
PROBATE General

Program Statistics FY 05' July 2004- June 2005

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

17

4

13

6

0

1,391

454

937

347

74

88

19

69

35

3

8

1

7

2

0

Impasse
7 516
31
5

Courts Served: Superior, State, Probate, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1994 Fee Surcharge: $5

Court/System required participation in ADR processes: All contested domestic relations cases are referred to the ADR office for screening on a case-by-case basis. All cases involving building, construction or home improvement disputes are also referred to the ADR program. In the Flint and Towaliga Circuits, personal injury cases are referred to the ADR program. Any contested civil matter in the Flint, Griffin or Towaliga Circuits may be referred to the ADR office by consent of the parties or by court order.
Types of cases / issues currently handled: Domestic relations: divorce, custody, child support, contempt, modification General civil: homebuilding, construction, personal injury, malpractice.
Excluded Cases: Actions by the Child Support Recovery Unit.
How Cases Are Selected: Cases are screened by the ADR office for appropriateness.
Neutral Selection: After a case is filed, parties are free to choose their own neutral and agree on a fee with that neutral before a case is ordered to an ADR process. Once the case is ordered to an ADR process, parties are still allowed to select a neutral. If the parties do not select a neutral, the ADR program appoints a neutral from its list of approved neutrals.
Neutral Compensation: Fees are divided equally between the parties and paid directly to the mediator, unless otherwise arranged prior to the mediation session. The program does provide fee waivers or fee reductions for those parties who qualify. For cases where a mediator is selected by the ADR program, the fees are capped at $100 per hour; for those cases where a mediator is selected by the parties, the fees are set at the mediator's

FY 2005 Annual Report

115-3

Georgia Commission on Dispute Resolution
hourly rate, which ranges from $100 to $200.
Continuing Education for Neutrals: As mandated by GODR.
Evaluation of Neutrals: The program director conducts on-going evaluations of the neutrals by observation. All new mediators are observed a minimum of one session.
Attorney Involvement: Approximately 70% of all mediations have either one or both attorneys present.
Seminar requirement for divorcing parents in domestic cases: Case by case basis.
Background Information: Serving 8 counties in 3 circuits, the Sixth Judicial District ADR Program provides mediation, arbitration, and early neutral evaluation to parties in dispute. Currently all domestic relations cases and home-building and construction disputes filed in the Superior Courts are automatically referred to the ADR program for screening. In the Flint and Towaliga Circuits only, personal injury cases filed in Superior Court are automatically referred. For the State Court of Henry County, all complaints for damages for personal injury or wrongful death, construction contracts or breach thereof and professional malpractice of any nature are referred to the ADR program.

FY 2005 Annual Report

116-3

Georgia Commission on Dispute Resolution
South Georgia Circuit ADR Program
P.O. Box 729 Cairo, GA 39828 Office: (229) 377-7349 Fax: (229) 378-1032
Areas/Counties Served: South Georgia Judicial Circuit (5 counties: Baker, Calhoun, Decatur, Grady and Mitchell)
ADR Processes Offered: Mediation
Program Staff: Katina Stewart, Mediation Coordinator

Statistic Type
SUPERIOR General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full Agreement

Partial Agreement

15

0

10

8

0

Impasse
2

Courts Served: Superior Courts Collecting Fees: None

Program Start Date: 2000 Fee Surcharge: None

Court/System required participation in ADR processes: No Types of cases / issues currently handled: Civil cases Excluded Cases: None How Cases Are Selected: Cases are selected by stipulation or assignment by a judge. Neutral Selection: If a mediator cannot be agreed upon, the judge makes the selection. Neutral Compensation: Mediators' fee schedules are on file with the Mediation Coordinator. Continuing Education for Neutrals: Continuing education is not required for neutrals. Evaluation of Neutrals: No formal evaluation of the neutrals is conducted by the program or parties. Attorney Involvement: Attendance is optional Seminar requirement for divorcing parents in domestic cases: No Background Information: This program began in November 2000. It serves the South Georgia Circuit which includes the counties of Baker, Calhoun, Decatur, Grady and Mitchell.

FY 2005 Annual Report

117-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

118-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

119-3

Georgia Commission on Dispute Resolution

Southern Judicial Circuit ADR Program

P.O. Box 2227 (Moultrie Office)

P.O. Box 1349 (Valdosta Office)

Moultrie, GA 31776

Valdosta, GA 31603

Office: (229) 890-5624

Office: (229) 245-0248

Fax: (229) 616-7447

Fax: (229) 245-7934

E-Mail:tch@southernjudicialcircuit.com E-Mail: tmcgee@southernjudicialcircuit.com

Website: www.southernjudicialcircuit.com

Areas/Counties Served: Southern Circuit (5 counties: Brooks, Colquitt, Echols, Lowndes, Thomas)

ADR Processes Offered: Mediation

Program Staff: Tim C. Hendrick, Circuit Court Administrator/Mediation Administrator; Tamara L. McGee, Assistant Administrator; Shannon M. Watts, Assistant Administrator

Statistic Type
SUPERIOR Civil Domestic
STATE General

Program Statistics FY 05' July 2004- June 2005

Settled/

MEDIATION

Cases Dismissed

Referred

Prior

Cases Mediated

Full

Partial

Agreement Agreement

493

0

288

254

1

483

0

278

245

0

6

0

13

11

0

Impasse
33 33
2

Courts Served: Superior, State, Probate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1994 Fee Surcharge: $6

Court/System required participation in ADR processes: All contested civil and domestic relations cases that are still pending after 150 days after the original complaint is filed are required to be referred, ie., Court-Ordered, to the ADR process. Cases may, in the discretion of the Court, be referred to ADR process prior to the mandatory 150 day period. The parties or their attorneys may also request the Court to have their case referred to ADR process prior to said time period.
Types of cases / issues currently handled: SUPERIOR COURT CASES General Civil Domestic Relations
STATE COURT
PROBATE COURT
Excluded Cases: Appeals for rulings of administrative agencies; habeas corpus and extraordinary writs; declaratory judgments; URESA actions. Domestic Relation cases in which domestic violence is an issue.
How Cases Are Selected: Cases are screened to determine if the case is appropriate for mediation 150 days after the complaint is filed.
Neutral Selection: The parties shall have an opportunity to select from among the list of neutrals registered by the Georgia Office of Dispute Resolution (GODR) in the appropriate category by mutual agreement. Absent agreement on the mutual selection, the neutral will be appointed by the Administrator of the ADR Program. The appointment shall be made from the rotational list of registered neutrals maintained by the Dispute Resolution Office. The rotational list of neutrals has been approved by the Superior Court Judges of the Southern Judicial Circuit and is now limited to individuals who reside or have offices in the Southern Judicial Circuit.
Any party, for good cause shown, may request said Administrator for appointment of another neutral.

FY 2005 Annual Report

119-3

Georgia Commission on Dispute Resolution
Neutral Compensation: The parties shall be responsible for payment of the selected or appointed neutral's fee, which shall be equally divided between the parties, unless otherwise Ordered by the Presiding Judge.
A party may apply with the GODR for a determination of whether or not said party is indigent and unable to pay for the fee of the selected or appointed neutral. If the Administrator determines that such party is indigent, the ADR Program will provide payment for the services of the neutral from the Southern Judicial Circuit ADR Fund.
Continuing Education for Neutrals: As required by the GODR.
Evaluation of Neutrals: No formal evaluation of neutrals in conducted.
Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: Yes
Background Information: None

FY 2005 Annual Report

120-3

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

121-3

Georgia Commission on Dispute Resolution
SWJC Alternative Dispute Resolution Program
P.O. Box 729 Americus, GA 31709 Office: (229) 928-4567 Fax: (229) 928-4564
Areas/Counties Served: ( 5 counties: Lee, Macon, Schley, Stewart, Sumter, and Webster )
ADR Processes Offered: Mediation
Program Staff: Larry J. Cliatt, Program Administrator

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full Agreement

Partial Agreement

Impasse

SUPERIOR

General

121

74

47

43

0

4

STATE

General

0

0

0

0

0

0

JUVENILE

General

23

14

9

7

1

1

MAGISTRATE

General

1

0

1

1

0

0

Courts Served: Superior, State, Juvenile, and Magistrate Courts Collecting Fees: Superior, Magistrate, Probate

Program Start Date: 2003 Fee Surcharge: $5

Court/System required participation in ADR processes: Both voluntary and mandatory mediation occurs in this circuit.
Types of cases / issues currently handled: General Civil, Domestic Relations, Juvenile Cases: Delinquency and Status offenses, and Deprivation issues. Any Magistrate Court Cases.
Excluded Cases: Felonies and traffic cases.
How Cases Are Selected: Cases are screened and selected by the Administrator of the ADR program. Cases may also be referrred by the judges assigned to the case or requested by the parties.
Juvenile cases are referred by the Department of Juvenile Justice, screened by both DJJ and the ADR Administrator. Deprivation cases are screened by the Juvenile Court Judge in conjunction with the ADR Administrator.
Neutral Selection: Neutrals are typically selected by the parties and their attorneys. If the parties fail to select a neutral, The Program Administrator will appoint a neutral. Neutrals are appointed on a rotational basis.
Juvenile and Magistrate Court: The program pays the neutral a stipend of $25 per case; Deprivation cases are cpmpensated at $100 per case.
Neutral Compensation: Fees are established by the mediators and paid by the parties. For indugent parties, mediators are compensated by the ADR Program; Fee Grants are awarded based on income using a sliding scale.

FY 2005 Annual Report

117+1

Continuing Education for Neutrals: Required. Evaluation of Neutrals: New mediators participate in the Superior Court Mediation Orientation Program

Georgia Commission on Dispute Resolution

and are required to be observed prior to mediating a case solo. The neutrals are required to successfully complete two (2) observations and two (2) co-mediations. Informal periodic evaluations are conducted on experienced mediators annually.
Attorney Involvement: Attorneys regularly attend mediaiton sessions with their clients.
Juvenile and Magistrate Court: Attorneys seldom attend sessions. In Deprivation cases, attorneys are encouraged to attend and the Respondent's Attorney is usually appointed by the Court.
Seminar requirement for divorcing parents in domestic cases: The seminar is administered by the program; seminar attendance is a standing order requirement for divorce and custody cases.
Background Information: The predecessor for this program was the former SWJC Juvenile Court Deprivation Mediation Program, which was established by a state grant in January 2003. The SWJC ADR Program was established in the summer of 2003, after the Circuit withdrew from the Third Judicial Administrative District. The majority of mediations are referred from the Superior Court. Mediaitons are ordinarilly selected and paidby the parties. The parties usually have a ninety-day period to schedule the mediation session and complete the alternative dispute process.

FY 2005 Annual Report

118+1

Georgia Commission on Dispute Resolution
Tenth Judicial District ADR Program
325 E. Washington St. Athens, GA 30601
Office: (706) 613-3210 Fax: (706) 613-3211 E-Mail: lindahorvath@co.clarke.ga.us
Areas/Counties Served: Western, Alcovy and Northern Judicial Circuits (9 counties: Clarke, Elbert, Franklin, Hart, Madison, Newton, Oconee, Oglethorpe, Walton)
ADR Processes Offered: Mediation
Program Staff: Linda Horvath, Program Director; Teresa Christian

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

General

916

257

512

313

19

180

STATE

General

139

35

99

65

1

33

MAGISTRATE

General

422

106

300

191

1

108

PROBATE

General

8

0

8

4

1

3

OTHER

General

0

0

0

0

0

0

Courts Served: Superior, State, Probate, Magistrate Courts Collecting Fees: Superior, State, Probate, Magistrate

Program Start Date: 1994 Fee Surcharge: $5

Court/System required participation in ADR processes: Yes Types of cases / issues currently handled: General Civil, Domestic Excluded Cases: Cases filed under the domestic violence act. How Cases Are Selected: On recommendation of program coordinator, request of party or attorney or directly from the court. Neutral Selection: Assigned by program coordinator. Neutral Compensation: The parties compensate the neutral $75 per hour any part thereof. Continuing Education for Neutrals: Continuing education is not required for neutrals. Evaluation of Neutrals: None Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.

FY 2005 Annual Report

123-3

Georgia Commission on Dispute Resolution
Seminar requirement for divorcing parents in domestic cases: N/A
Background Information: Cases are referred to the program upon the recommendation of the program director or directly from the assigned judge. Mediators are assigned to the cases and the session is scheduled. The ADR office handles all conflicts or problems arising from the schedule or concerns the attorneys have regarding mediation at this point. The program director notifies the Judge of the outcome of the session and keeps statistical records of cases.

FY 2005 Annual Report

124-3

Georgia Commission on Dispute Resolution
Third Judicial Administrative District ADR Program
216 Tenth Street Columbus, GA 31901 Office: (706) 649-1414 Fax: (706) 649-1413 E-Mail: thirdodr@odr3.net Web Site: www.odr3.net
Areas/Counties Served: Third Judicial Administrative District ( 7counties: Harris, Talbot, Muscogee, Chattahoochee, Marion, Taylor, Houston)
ADR Processes Offered: Mediation, Arbitration, Case Evaluation
Program Staff: Nolan Murrah; Program Director; Ellen Ragan, Case Manager; Joyce Johnson, Administration Manager/Budget Officer

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

Impasse

SUPERIOR

Civil

170

89

81

48

6

27

Domestic

129

51

78

45

1

32

STATE

General

43

5

38

31

0

7

MAGISTRATE

General

3

0

3

2

0

1

PROBATE

General

0

0

0

0

0

0

JUVENILE

General

0

0

0

0

0

0

Courts Served: Superior, State, Probate, Magistrate, Municipal, Juvenile Courts Collecting Fees: Superior, State, Probate, Magistrate, Municipal

Program Start Date: 1995 Fee Surcharge: $7

Court/System required participation in ADR processes: Both voluntary and mandatory mediation occurs in this district.
Types of cases / issues currently handled: General civil, domestic, juvenile first offenses and truancy.
Excluded Cases: Legitimation, annulment, paternity, termination of parental rights, child support enforcement, civil or criminal contempt, or Family Violence Act.
How Cases Are Selected: The Superior Courts of the Third JAD enforce a standing order regarding all civil cases to mediation.
Neutral Selection: Parties may choose their own ADR provider in superior, state and probate cases. If the parties cannot agree on a provider, the provider is assigned by the program. In magistrate, municipal and juvenile courts, the mediators are assigned by the program based on availability.
Neutral Compensation: In superior, state and probate cases the parties compensate the provider. For magistrate, municipal and juvenile providers, the program pays a $25 stipend per case.
Continuing Education for Neutrals: Three hours per year

FY 2005 Annual Report

121+1

Evaluation of Neutrals: Provider evaluations are done on a regular basis by parties.

Georgia Commission on Dispute Resolution

Attorney Involvement: Attorneys regularly attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: The parties have to attend one session and receive a certificate.

FY 2005 Annual Report

122+1

Georgia Commission on Dispute Resolution
Whitfield County Magistrate Court Mediation Program
P.O. Box 386 Dalton, GA 30277 Office: (706) 278-5052 Fax: (706) 278-8810
Areas/Counties Served: Whitfield County ADR Processes Offered: Mediation Program Staff: Freda Maynard, Program Director

Program Statistics FY 05' July 2004- June 2005

Statistic Type

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION
Partial Full Agreement Agreement

MAGISTRATE

Civil

11

0

9

3

0

Criminal

2

0

2

2

0

Impasse
6 0

Courts Served: Magistrate Courts Collecting Fees: Superior, Probate, Magistrate

Program Start Date: 1997 Fee Surcharge: $7

Court/System required participation in ADR processes: No
Types of cases / issues currently handled: Any contested civil or criminal case, including pre-arrest criminal cases, may be referred to mediation with approval of the chief judge. Cases are not referred by category, but upon individual review. Special consideration for referral may be given to certain types of cases. Parties may petition the Court to refer the case to mediation.
Excluded Cases: None
How Cases Are Selected: Cases are reviewed by the chief judge for appropriateness.
Neutral Selection: Neutrals are selected by the program; however parties may petition the court for appointment of another neutral for good cause shown.
Neutral Compensation: Neutrals serve as volunteers and are not compensated.
Continuing Education for Neutrals: Neutrals are strongly encouraged to attend CE seminars.
Evaluation of Neutrals: No formal evaluation of neutrals is conducted.
Attorney Involvement: Attorney involvement is infrequent.
Seminar requirement for divorcing parents in domestic cases: N/A
Background Information: This program began in 1997 as a pilot supported by a grant from the Kiwanis Club of Dalton.

FY 2005 Annual Report

125-1

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

126-1

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

127-1

Georgia Commission on Dispute Resolution
Whitfield County Juvenile Court Mediation Program
205 N. Selvidge Street Dalton, GA 30720
Office: (706) 278-6558 Fax: (706) 272-7018) E-Mail: bbutler@whitfieldcountyga.us
Areas/Counties Served: Whitfield County
ADR Processes Offered: Mediation
Program Staff: Brad Butler, Court Administrator

Statistic Type
JUVENILE General

Program Statistics FY 05' July 2004- June 2005

Cases Referred

Settled/ Dismissed
Prior

Cases Mediated

MEDIATION

Full

Partial

Agreement Agreement

15 0

#2##

13

10

1

Impasse
2

Courts Served: Juvenile Court Courts Collecting Fees: Juvenile Court

Program Start Date: 1990 Fee Surcharge: None

Supervision Fees: The Juvenile Court collects a supervision fee. A separate mediation fee is not charged.
Court/System required participation in ADR processes: No
Types of cases / issues currently handled: Parent/child conflicts; property damage cases; civil cases referred from magistrate court; first-offender shoplifting cases with the permission of the merchant; school fights; pot smoking; truancy; visitation plans between the Department of Family and Children Services and parents (citizen review panels); student disputes at the regional youth detention center.
Excluded Cases: Shoplifting cases are typically excluded.
How Cases Are Selected: Cases are referred to mediation by Intake or the judge.
Neutral Selection: The Court Administrator appoints mediators on a rotating basis.
Neutral Compensation: All mediators are unpaid volunteers.
Continuing Education for Neutrals: Continuing education is preferred but not required.
Evaluation of Neutrals: No formal evaluation procedure is in place at this time.
Attorney Involvement: Attorneys do not regularly attend mediation sessions with their clients.
Seminar requirement for divorcing parents in domestic cases: N/A

FY 2005 Annual Report

127-1

Georgia Commission on Dispute Resolution
Background Information: Started in 1990, the Whitfield County program is the oldest juvenile court mediation program in the state. The program is served by a dedicated group of volunteers who have invested their time and energies into the program's survival.

FY 2005 Annual Report

128-1

Georgia Commission on Dispute Resolution

FY 2005 Annual Report

129-1