What is mandatory mediation in Georgia courts?

Mandatory mediation in Georgia courts refers to the requirement that parties involved in certain civil cases must attempt mediation before they can proceed to trial. This process is designed to encourage settlement and promote more efficient use of court resources. Mediation allows the parties to discuss their issues in a structured environment with the help of a neutral mediator, who facilitates communication and negotiation without making any binding decisions.

The intent behind mandatory mediation is to reduce the caseload on the courts and to encourage the parties to reach an amicable resolution, thus avoiding the lengthy and often costly trial process. By requiring mediation in specific types of cases, the judicial system aims to support more amicable dispute resolution and potentially lead to outcomes that satisfy both parties involved.

In contrast, mediation that is merely suggested does not carry the same binding requirement, nor does it compel parties to participate actively in the process, making it less effective in reducing court cases. Similarly, arbitration is a distinct process where a neutral third party makes a binding decision, as opposed to mediation, which focuses on mutual agreement between the parties. Lastly, a voluntary process does not impose any obligation on the parties, which does not serve the intended purpose of mandatory mediation in promoting effective resolution before trial.