17.4 Mediation

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Mediation

Policy Number:

17.4

Previous Policy Number(s):

N/A

Effective Date:

July 2019

Manual Transmittal:

2019-09

Codes/References

O.C.G.A. § 15-11-2 Definitions
O.C.G.A. § 15-11-20 Referral for Mediation
O.C.G.A. § 15-11-22 Agreement to Mediate; Procedure
O.C.G.A. § 15-11-23 Stay of Proceeding Pending Mediation; Time Limitations
O.C.G.A. § 15-11-24 Termination of Mediation
O.C.G.A. § 15-11-25 Approval of Mediation Agreements; Exceptions

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Staff with the Special Assistant Attorney General (SAAG) any case the court refers to mediation during a juvenile court or dependency proceeding.

  2. Request the SAAG review any agreement to mediate and any agreement reached during mediation, prior to signing the agreement.

    All mediation agreements shall be presented to the juvenile court judge for approval and shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interest of the child.

Procedures

Social Services Case Manager

  1. Staff any case referred to mediation with the County Director, Social Services Supervisor (SSS) and SAAG to determine:

    1. The non-negotiable requirements of the dependency case.

    2. Areas of flexibility for DFCS in terms of the mediation agreement.

    3. Procedures for the SAAG’s review of the agreement to mediate and the mediation agreement, prior to DFCS signing either agreement.

    4. The next steps, including whether the SAAG should participate in mediation.

      When necessary, the county departments are encouraged to have their SAAGs present at mediation.

  2. Submit the agreement to mediate to the SSS, County Director and SAAG for review and approval, prior to signing.

  3. Attend at least one mediation session.

  4. Mediate in good faith, while keeping discussions and agreements consistent with the determinations made at the mediation staffing.

    The county department cannot refuse to mediate. However, the county department can withdraw from mediation at any time and is not required to reach an agreement.

  5. Consult with the SAAG during mediation, as necessary.

  6. Submit the mediation agreement to the SSS, County Director and SAAG for review and approval, prior to signing.

  7. Document the mediation process in the narrative of the Contact Detail in Georgia SHINES, including:

    1. Dates of any mediation meetings.

    2. All attendees at any mediation meeting.

    3. The name of the mediator.

    4. Discussions that occurred at mediation meetings.

    5. The outcomes of mediation.

    6. Any review of the mediation agreement by the SSS, County Director and SAAG.

    7. Whether a court hearing will be requested.

    8. If and when the mediation agreement becomes a part of the court order.

  8. Upload a copy of the agreement to mediate, mediation agreement and court orders in External Documentation in Georgia SHINES unless previously uploaded via the Case Plan Reporting System (CPRS).

  9. Stop participating in mediation any time the mediation process conflicts with non-negotiables identified by DFCS and re-staff the case with the County Director, SSS and SAAG to determine next steps.

Social Services Supervisor

  1. Participate in a staffing with the SSCM, County Director and SAAG on any case referred to mediation.

  2. Review and approve the mediation agreement.

Practice Guidance

Mediation

The court may stay a proceeding upon issuing a referral to mediation. Mediation is the proceeding in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote collaboration, understanding and settlement. Mediation shall occur as soon as possible, but no later than 30 days from the order referring the matter to mediation unless the timeframe is extended by the court. DFCS or any other party may withdraw from or terminate further participation in mediation at any time.

Mediator

A mediator is a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions. The mediator does not have authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court. The juvenile court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases.

Agreement to Mediate

Prior to the parties signing an agreement to mediate, the mediator shall advise the parties of their right to have an attorney review the agreement reached during mediation. The agreement to mediate shall:

  1. Identify the controversies between the parties.

  2. Affirm the parties’ intent to resolve such controversies through mediation.

  3. Specify the circumstances under which mediation may continue.

  4. Specify the confidentiality requirements of mediation and the exceptions to those requirements.

Forms and Tools

N/A