DRC Director Larry Harton Addresses DeKalb Bar Family Section

by Georgia Lord
Georgia Lord Law
DeKalb Bar Family Section Board

Mr. Larry Harton, Director of the DeKalb County Dispute Resolution Center (DRC), spoke at the Oct. 1 breakfast meeting of the DeKalb Bar Association Family Law Section. He explained the mediation process and shared ways that counsel can maximize the value they receive from a mediation session.

When a case is referred to DRC, counsel should immediately complete a domestic relations intake form, which can conveniently be done online. Once the form is submitted, DRC promptly assigns a mediation date. The processing is speedy but DRC needs several days to set things up – it is not realistic to expect to arrange a mediation session on a day’s notice.

Referred cases receive two hours of mediation at no charge. Mr. Horton stressed that the two hours are not free but are paid for by DRC. If mediation takes more than two hours, the parties must pay the mediator for the additional time. The cost of additional time is $150 per hour if parties use a mediator assigned by the center. If parties request a specific mediator, they must pay the mediator’s set rate. The average mediation session takes about three hours to reach settlement, meaning the parties pay a mere $150 – or $75 per side – for a resolution that meets their needs better than a court-imposed order. If mediation is cancelled with less than 24 hours’ notice, there is a $150 cancellation fee.

. . . making the parties think through the long term outcomes of their positions often makes them realize their perceptions and expectations are unrealistic. Once parties understand and accept the realities of the case, they are more likely to compromise and reach settlement.”

The mediation program is voluntary, and Mr. Harton said he is glad that it is voluntary because the parties’ willingness to engage in the mediation process results in much higher success rates. He reported that 72% of the mediations result in a full or partial agreement. Remarkably, a study reported that about 65% of cases that did not settle at mediation ended up settling within 30 days of the “failed” mediation sessions.

Family Law Section Chair, Kyla Lines and Executive Director of the DeKalb County Dispute Resolution Center, Larry Harton.

Domestic violence cases are carefully screened and appropriate cases are mediated. This year, the center has received 47 cases containing elements of domestic violence, and it has declined only two of them. All of the center mediators have specialized training and are registered to handle cases involving domestic violence.

Mr. Harton made a number of suggestions regarding things counsel can do to improve the chances of reaching settlement during mediation, including reality testing. He explained that making the parties think through the long term outcomes of their positions often makes them realize their perceptions and expectations are unrealistic. Once parties understand and accept the realities of the case, they are more likely to compromise and reach settlement.

Mr. Harton praised DRC mediators, saying that they are talented, skilled, passionate professionals. Many mediators do this type of work because of the joy they find in helping parties find their way to agreements. Mr. Harton noted that 100% of funding for DRC is provided by the Superior Court civil filing fees, and the number of mediations handled by DRC has climbed significantly in recent years.

Georgia Court of Appeals Judge Christopher J. McFadden and DeKalb Superior Court Judge J.P. Boulee attended this event, as did DeKalb Superior Staff Attorney Amy Daldry. Section Chair Kyla Lines presided over the program and attorney Charlie Bailey presented an overview of the dispute resolution services provided by Just Family Solutions.