Karen Fulda Attorney. A . PROFESSIONAL . LAW CORPORATION

240 EAST PINE ST. - PONCHATOULA, Louisiana 70454 Phone: (985)370-7747 Web site.

MEDIATION

Webster's Dictionary defines mediate as "to resolve," or "to act as an intermediary." in Louisiana, we define mediation as non-binding "dispute resolution". Mediation is a quick and cost-effective alternative to litigation wherein the parties and their counsel meet in a controlled atmosphere to discuss, negotiate and, hopefully, resolve their dispute to the satisfaction of all parties. This is different from the typical litigation scenario of the court making the decision, where one party "wins" and the other party "loses." A mediated agreement is a potential "win-win" situation where the parties have the control over the decision-making process.

Part of the controlled atmosphere is the mediator or mediator team, one or more attorneys who are specially trained and certified to act as intermediaries, utilizing special techniques and skills in the areas of law, counseling and negotiation and dispute resolution, but who do not function as attorneys in the mediation process. It is the job of the mediator to read the pleadings and documents of the various parties and to understand all of the issues and positions of those parties. One difficult task of the mediator can be diffusing the emotions and angers of the participants and keeping all parties directed toward resolution, and not revolution. The successful mediator is impartial and

In Texas, the State Constitution provides for a trial by jury in all cases, including divorce cases; with the recent proliferation of divorces, this requirement quickly became untenable. The Texas Legislature amended the Constitution to make mediation a prerequisite to litigation. Mediation is now a mandatory part of the Texas litigation process where the parties must mediate before they can file suit in a court of law. Now, in Texas, very few divorces are litigated; studies have shown a resolution rate of over 98%.

Although mediation is not mandatory in Louisiana, many judges advocate mediation, either of entire cases or of certain issues, such as custody, child support, property division and visitation, as a tool to control their burgeoning dockets. Entire cases, such as personal injury matters, can be mediated. Parties who arrive in court with mediated agreements, or consent judgments, conserve the time and expense of the Court.

The Family Court Judge in our district, the Honorable Brenda Bedsole Ricks, is a strong proponent of mediation because it protects the children from the stress of the courtroom and trial process. Mediation is a powerful force in keeping children off witness stands and out from the middle of fighting parents. Additionally, with cooperative parties, a domestic case can be mediated in as little as four hours. Not only does mediation save time, it can also save on attorney's fees and court costs.

Finally, mediation is a viable alternative for civilized adults who have a dispute with a party or parties, but wish to retain some control over the situation. In mediation, the parties are personally involved with reaching the solution to the dispute. The settlement agreement/contract may be drafted by the mediator, but it is totally comprised of provisions and compromises made between the parties. In many cases, the parties even have control over the issues of the mediation; i.e. the parties may agree to mediate issues over which a court does not have proper jurisdiction.

In summary, mediation can be an expedient and cost-effective method of settling a dispute. If you are interested in mediation or in locating a certified mediator, please contact The Fulda Law Firm, A.P.L.C., attorney Karen Crosby Fulda at (985) 370-7747 for more information.