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Recent Developments in Mediation Ethics in Georgia
Association for Conflict Resolution Workshop at The Center for Legal Solutions
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See State and Local Requirements for:
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On March 29, 2008, The Center for Legal Solutions hosted a luncheon seminar for the Association for Conflict Resolution on the topic of Recent Developments in Mediation Ethics. This event featured a presentation by Andrew Lewis discussing the Georgia Supreme Court case of Wilson v. Wilson in depth.
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| Andrew Lewis is an attorney, judge and mediator who served as Director of the Georgia Office of Dispute Resolution |
The recent Georgia Supreme Court case of Wilson v. Wilson presents a new challenge for mediators in Georgia. In its 2007 opinion, the Court held that, in particular instances, a mediator may be subpoenaed to testify, notwithstanding the general rule that mediation in confidential. Download copy of the Wilson v. Wilson opinion.
Confidentiality is generally regarded as one of the best features of mediation as it allows participants to speak candidly about their interests without fear that something they share in mediation will be used against them in court.
In his presentation, Mr. Lewis discussed the unique factual circumstances that brought the Wilson case before the Georgia Supreme Court. After mediation, one party asserted that he lacked capacity to enter into a settlement agreement. The capacity to enter into a legal agreement, Mr. Lewis explained, is a basic requirement to enter into a binding contract.
Alan Ganath assisted Mr. Lewis to share some insights from recent Georgia Commission on Dispute Resolution meetings regarding the Wilson case. Mr. Ganath reported that the GCDR is now very much aware of the decision and is contemplating how to inform mediators about their ethical obligations under the rule and how to offer practical assistance to a mediator who has been served a subpoena. Read minutes of the latest GCDR meetings.
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| ACR members enjoy the luncheon workshop |
Mr. Lewis was well prepared with a packet of materials for workshop attendees. In addition to copies of his powerpoint presentation, Mr. Lewis provided attendees with a copy of the Wilson decision, a sample witness subpoena and a sample motion to quash a witness subpoena.
ACR Members were treated to a sit down buffet lunch courtesy of ACR-Georgia and The Center for Legal Solutions. On behalf The Center for Legal Solutions, Barry Edwards thanked Mr. Lewis and Mr. Gardner for their time, expressed his appreciation for the ACR program organizers, Ms. Kim Bunker and Ms. Brenda Wall, and welcomed ACR members and guests to Marietta. The Center for Legal Solutions welcomes the opportunity to support mediators and improve the quality of mediation in Georgia.
Following the presentation, some attendees expressed their fear that the Wilson case could erode the confidentiality of mediation.
Other attendees expressed the view that the Wilson case correctedly distinguished between confidential communications and non-confidential mediation conduct. While matters communicated during mediation are confidential, mediators may be called to testify and/or report to court-annexed programs about how the mediation was conducted.
Andy Lewis is a partner in the Marietta-based law firm Riley, Lewis & McLendon which focuses on commercial transactions and litigation. He is also a Cobb County Magistrate Court Judge. Mr. Lewis served as the Deputy Director of the Georgia Office of Dispute Resolution where his duties including reviewing mediator applications and court-ordered mediation programs. He regularly trains others to mediate civil and domestic disputes. An active member of the legal community, Mr. Lewis served as President of the Cobb Mediators Association and President of the Cobb Bar Association's Small Firm and Solo Practitioner's Section. View his mediation profile.
Mr. Lewis is a member of The Center for Legal Solutions' Panel of Neutrals. In addition to general civil and domestic matters, Mr. Lewis mediates of cases involving domestic violence, juveniles and conducts arbitrations. Mr. Lewis is one of the most highly qualified and respected mediators in Georgia.
The Association for Conflict Resolution
is a professional organization
dedicated to enhancing
the practice and public understanding
of conflict resolution. The Georgia Chapter of ACR holds periodic meetings and workshops in support of peaceful solutions to conflict. Visit the ACR-GA web site.
Please check the Cobb Mediation News Section of this web site for information about special events and workshops at Cobb Mediation.
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