About the Mediator
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Karen V. Mills’ over two-decade career path of engineering, law and entrepreneurship brings a strategic perspective to the alternative dispute resolution method of mediation. Her enhanced critical-thinking and problem-solving skills have served her well as an electrical engineer designing projects and assisted in her successfully attaining the status of Professional Engineer – the engineering profession’s highest standard of competence. Her strong work ethic and perseverance advanced her from a law firm associate working on patent interference matters to a law firm partner working on corporate mergers & acquisitions.
As a products and services entrepreneur she understands the importance of effectively meeting the needs of her clients and customers. Whether as an engineer, lawyer or entrepreneur, Ms. Mills has consistently utilized her innate ability to carefully listen to all parties to uncover the key issues to productively resolve conflicts and disputes. Additionally, Ms. Mills’ technical ability (from engineering), legal reasoning and negotiation skills (from law), business acumen (from entrepreneurship) and fairness and impartiality (from serving as a hearing officer) are valuable attributes to the role of a mediator. Ms. Mills is a registered mediator with the Georgia Supreme Court Commission on Dispute Resolution, adhering to its professional and ethical standards. |
About Mediation
Mediation, a form of alternative dispute resolution, is a method of resolving disputes and conflicts between two or more parties. A third-party neutral is assigned, appointed or selected as a mediator to assist the parties in reaching an agreement to resolve the dispute or conflict. While the mediator assists the parties, the true effectiveness of mediation rests with the involved/contested parties’ willingness to resolve the dispute or conflict.
Mediation Process and Style
The mediation process is one that is structured, private and confidential. All parties sign an agreement to mediate prior to commencing the mediation process. The mediator facilitates the mediation process by attempting to limit the issues causing the disputes and conflicts. The mediator also strives to cause the parties to look at things from different perspectives, which may be of benefit in hearing the other party’s point of view.
Although Ms. Mills is an attorney, she is not an attorney for any of the involved parties. Therefore, she does not give legal advice during the mediation process nor does she have the power to impose an outcome on any of the parties.
As a mediator, Ms. Mills implements various styles of mediation depending on the specifics of each case in order to initiate or improve the conversational exchange between the parties:
Although Ms. Mills is an attorney, she is not an attorney for any of the involved parties. Therefore, she does not give legal advice during the mediation process nor does she have the power to impose an outcome on any of the parties.
As a mediator, Ms. Mills implements various styles of mediation depending on the specifics of each case in order to initiate or improve the conversational exchange between the parties:
- Facilitative: The mediator asks questions (as a process) to assist the parties in reaching a mutually agreeable resolution.
- Evaluative: The mediator helps the parties to reach resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do if their case was to be litigated.
- Transformative: The mediator utilizes an approach to empower each of the parties as much as possible and also allows the parties to recognize the other party’s points of view and needs, which hopes for a change in thoughts and/or actions.
Why Mediation?
Common criticisms about litigation are that it’s expensive, time consuming and unpredictable. The intricate aspects of litigation often drive its costs: fees of individual attorneys, expert witnesses and/or court reporters as well as the costs for preparation of the pleadings, motions and discovery. Typically, the cost of mediation is less than the cost of a lengthy trial. It is also important to note that each of the parties in a conflict or dispute share in the cost of a mediator.
Litigation can be time-consuming as significant time may be required for drafting of motions and pleadings, participation in discovery, participation in deposition and participating in a trial (which may take days, weeks or months). Most mediations, usually occur in a day as no discovery, pleadings, etc. are needed for mediation. The goal is for the parties to resolve their disputes through mediation and not have to go to litigation.
Finally, litigation can be unpredictable because the parties do not know the final outcome; however, with mediation, the power of resolution is in the hands of the disputing parties. The disputing parties determine the issues to be resolved and propose and agree on the terms and conditions of resolution. During the mediation process, the parties may explore various options and alternatives to reach a common ground for resolution.
Litigation can be time-consuming as significant time may be required for drafting of motions and pleadings, participation in discovery, participation in deposition and participating in a trial (which may take days, weeks or months). Most mediations, usually occur in a day as no discovery, pleadings, etc. are needed for mediation. The goal is for the parties to resolve their disputes through mediation and not have to go to litigation.
Finally, litigation can be unpredictable because the parties do not know the final outcome; however, with mediation, the power of resolution is in the hands of the disputing parties. The disputing parties determine the issues to be resolved and propose and agree on the terms and conditions of resolution. During the mediation process, the parties may explore various options and alternatives to reach a common ground for resolution.