Mediation works best when the people at the table are prepared for it. It is the one form of dispute resolution that leaves the outcome in the parties’ own hands rather than a judge’s or an arbitrator’s, and that only pays off when someone has done the work: a realistic valuation of the case, a clear read on leverage, and a plan for the room.
Kaufman & Hilbert brings that preparation to mediation in two distinct ways. Our attorneys serve as neutral, certified mediators, guiding parties on both sides toward a resolution they can live with and enforce. We also represent individual clients as advocates in mediation, arriving with a defined theory of the case and credible alternatives if the negotiation stalls. Most firms do one or the other. Because we do both, we understand what actually moves a mediation to settlement, whichever chair we are sitting in.
The senior attorney you meet at your consultation is the one who handles your matter. We serve clients across Georgia, nationwide, and internationally.
When parties want to resolve a dispute without handing the decision to a court, Kaufman & Hilbert can serve as the neutral mediator. In that role we do not represent either side and we do not decide who is right. We manage the process: framing the issues, running private caucuses, reality-testing each party’s position, protecting confidentiality, and keeping the conversation moving toward terms both sides will sign.
Our mediators bring the perspective of seasoned litigators who have tried and settled complex commercial matters, which means we can pressure-test valuations and legal theories credibly with counsel on both sides. We are available to mediate business and commercial disputes, employment matters, real estate and construction disputes, and partnership or ownership conflicts.
Mediation is not a passive process, and going in unprepared is how good cases settle for less than they are worth. When we represent one party, we treat the mediation like a proceeding that matters: we develop the theory of the case, prepare a persuasive mediation statement, anticipate the other side’s positions, and set clear authority and walk-away points with you in advance. You get a senior litigator at the table who can advocate hard for your interests and, if the case does not resolve, is ready to keep litigating without missing a step.
The result in mediation is usually decided before anyone sits down. We help you enter with a realistic valuation of the dispute, a clear-eyed assessment of your best and worst alternatives to a negotiated agreement, and a strategy for using leverage without blowing up the deal. That preparation is what separates a settlement you accept from one you are talked into.
We work with businesses and their owners, partners and co-investors in ownership disputes, employers and executives, and parties to real estate, construction, and commercial contracts. We represent clients who want a strong advocate in mediation, and we serve as the neutral mediator for parties who have jointly agreed to resolve a matter outside of court. When a conflict of interest would prevent us from serving as a neutral, we say so at the outset.
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Senior-Led Representation. You work directly with senior attorneys, not associates. The lawyer who evaluates your matter is the one who mediates or advocates it.
Full-Service Strategy. Mediation rarely sits in isolation. We draw on the firm’s litigation, corporate, real estate, and employment practices to value the dispute accurately and structure a settlement that holds.
Nationwide and International Reach. We serve clients across the country and abroad, and we are accustomed to multi-jurisdiction and cross-border disputes.
Responsive, Practical Counsel. We give you candid cost and benefit analysis, not false optimism, so you can decide whether to settle, and on what terms.
Listen and Assess
We learn what is actually in dispute, what a good outcome looks like for you, and what you are trying to avoid.
Strategy
We value the matter, identify your alternatives to settlement, and build a plan for the mediation, whether we are advocating for you or serving as the neutral.
Execution
We prepare the statements and materials, manage the sessions and caucuses with discipline, and keep the process focused on a resolution.
Resolution
We close the matter with clear, enforceable settlement terms, and we are ready to proceed to arbitration or trial if it does not resolve.
No. A mediator is a neutral facilitator, not a judge or arbitrator. The mediator's job is to help both sides find terms they will agree to. No one is forced to accept an outcome, and nothing is binding until the parties sign a settlement agreement.
Yes. We have certified mediators on the team who can serve as the neutral third party when both sides agree to mediate. Before accepting the role we run a conflict check to confirm we can be genuinely neutral. When we mediate, we do not represent either party.
In most business disputes, yes. Even in a voluntary process, you benefit from an advocate who has valued your case, prepared your position, and can advise you in real time on whether a proposed deal is fair. If Kaufman & Hilbert is serving as the neutral mediator, we cannot advise either side, and each party should have its own counsel.
Mediation is generally confidential, and offers or admissions made in the process usually cannot be used later in court. The exact protections depend on the applicable state rules and the parties' agreement. We confirm the confidentiality framework before the session so you know what is protected.
Tell us what is at stake. Whether you need a strong advocate at the mediation table or a neutral mediator both sides can trust, schedule a consultation and walk us through your situation.
Call +1-770-299-0792, or email [email protected] for a new client consultation or [email protected] for general inquiries.
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