1) The Division of Family and Children Services (DFCS) must staff any case referred to mediation by the court with the Special Assistant Attorney General (SAAG). 2) DFCS must have the SAAG review any agreement to mediate or agreement reached during mediation before signing. 3) All mediation agreements must be presented to the juvenile court judge for approval and will become a court order unless the judge finds by clear and convincing evidence that the agreement is not in the best interest of the child.

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CODES/REFERENCES
O.C.G.A. §15-11-2, §15-11-20, §15-11-22, §15-11-23, §15-11-24, §15-11-25
REQUIREMENTS
The Division of Family and Children Services (DFCS) shall staff with the Special Assistant
Attorney General (SAAG) any case the court refers to mediation during a juvenile or dependency
proceeding.
NOTE: The court may stay the proceeding upon issuing a referral to mediation.
DFCS shall have the SAAG review any agreement to mediate and any agreement reached as a
result of 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.
Mediation shall occur as soon as possible, but no later than thirty (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.
PROCEDURES
If DFCS is referred to mediation on a case, the Social Services Case Manager (SSCM) shall:
1. Staff the case with the County Director, Social Services Supervisor (SSS), Special
Assistant Attorney General (SAAG) and any other county or regional staff as necessary to
determine:
a. The non-negotiable requirements related to dependency, services needed, case
plan requirements, placement, etc.;
b. Areas where DFCS can be flexible in terms of the mediation agreement;
c. Procedures for the SAAG’s review of the agreement to mediate and the mediation
agreement prior to DFCS signing;
d. The next steps with the SAAG, including whether the SAAG should participate in
mediation;
NOTE: When necessary, the County Departments are encouraged to have their
SAAGs present at mediation;
e. The requirements and contents of the agreement to mediate found in OCGA § 15-
11-22 before attending the first mediation session. If the SAAG does not attend
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (3) Legal
Effective
Date:
December 2014Policy
Title:
Mediation
Policy
Number:
3.4
Previous
Policy #:
N/A

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the mediation, submit the agreement to mediate to the SAAG before it is signed.
2. Mediate in good faith. Discussions and agreements made at mediation should be
consistent with the determinations made at the mediation staffing;
3. Consult with the SAAG as necessary during mediation;
4. Submit the mediation agreement to the County Director, SSS and SAAG for review and
approval prior to signing;
5. Document the mediation process in the Narrative of the Contact Detail in the GA.
Statewide Automated Child Welfare System (Georgia SHINES) including, but not limited
to, the following:
a. Dates of any mediation meetings;
b. All attendees at any mediation including the name of the mediator;
c. Discussions that occurred at mediation meetings;
d. The outcomes of the mediation;
e. Any review of the mediation agreement by the SSS and SAAG;
f. Whether or not a court hearing will be requested;
g. If and when the mediation agreement becomes a part of the court order.
6. Upload any court order received related to mediation in External Documentation in
Georgia SHINES unless it is previously uploaded via the Case Plan Reporting System
(CPRS);
7. At any time the mediation process conflicts with non-negotiable identified by DFCS,
stop participating in mediation and re-staff the case with the County Director, SSS and
SAAG to determine next steps;
8. DFCS is not required to reach an agreement and may withdraw from mediation at any
time after mediation has started.
NOTE: The County Department cannot refuse to mediate. However, though it must mediate in
good faith, the County Department can withdraw from mediation at any time and is not required
to reach an agreement. At least one mediation session must be attended.
PRACTICE GUIDANCE
Mediation
Mediation is the procedure in which a mediator facilitates communication between the parties
concerning the matters in dispute and explores possible solutions to promote reconciliation,
understanding and settlement.
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;

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3. Specify the circumstances under which mediation may continue; and
4. Specify the confidentiality requirements of mediation and the exceptions to those
requirements.
FORMS AND TOOLS
N/A