About Darden Mediation
Experienced. Effective. Efficient.
Mediating cases involving personal injury, wrongful death,
and professional negligence
About Me
Judge David P. Darden is a native of Marietta and began practicing law in his hometown in 1984. He graduated from Georgia Southern University in 1980. He then went to Athens (with Herschel) in 1980 and graduated from UGA Law School in 1983.
In 2003 David was elected to serve as a judge on the State Court of Cobb County. During his time on the bench, he served as Chief Judge, president of the Council of State Court Judges, chairman of the Institute of Continuing of Judicial Education and a board member of the Chief Justice’s Commission on Professionalism. David has twice been named Judge of the Year and Boss of the Year. In recognition of David’s years of contributions to the judiciary and the legal profession, the State Court Council in 2013 awarded to David its highest recognition, the Doremus-Lawrence Award. He has for many years trained new State Court judges on how to handle civil cases and trials. David continues to serve as Judge of the Municipal Court of Austell.
Prior to taking the bench David began his career with a brief sojourn in Savannah. Returning to Marietta, David practiced law with Smith, Eubanks, Smith & Darden for 12 years, and Talley & Darden for 6 years. He had a general civil practice including litigating cases arising from personal injury, complex commercial disputes, real estate development and government liability. In addition to serving as a registered mediator, David served as city attorney for the City of Austell and general counsel for the Cobb County Board of Ethics.
As president of the Cobb Bar Association in 2000, David formed the Children’s Emergency Fund, the charitable arm of the Bar. After leading the fund since formation, David has overseen $500,000 in small assistance grants to families of Cobb schoolchildren. He served as a representative of the Cobb Bar on the State Bar Board of Governors for 26 years.
Q&A with Hon. David P. Darden, Ret
What is your approach as a mediator?
My approach begins with one concept – to listen. I listen carefully to the attorneys and the parties because my role is to assist, rather than to decide. I want to hear not only the legal positions and the factual background, but also the emotions and views which are motivating the participants. This also helps to build trust and rapport. Your client needs to understand that I am truly listening and that I want to help them view the case realistically and resolve the dispute.
Second, I am neither a mere number-carrier nor an arm twister. I will use my experience as a judge to help your client view the risks of going to trial, but I will never be coercive. I will assist you in evaluating your case and I may, as requested, offer my perspective.
Finally, my role is to work cooperatively with the attorneys. I am eager to review position papers prior to the mediation so that I will be prepared and able to make efficient use of your time. I never forget that you advocate for your clients and that you know your case far better than I do. Even so, I am able to bring a fresh perspective to the dispute and I can therefore move cases toward resolution when settlement may have seemed unlikely.
What experience do you bring to your role as a mediator?
As a State Court Judge for more than 18 years, I presided over hundreds of civil cases. The cases included complex products liability, wrongful death/medical malpractice, business disputes and countless personal injury cases. I have ruled on dispositive motions, presided at trials and debriefed countless juries.
Prior to my judicial service, I had a general civil trial practice for 19 years. My trial work included personal injury, commercial, real estate, and governmental liability cases. I was a registered mediator prior to going on the bench and I have now taken the requisite training to resume my registration. Since leaving the bench, I have mediated virtually every type of civil non-domestic case. In addition to personal injury matters, I have mediated complex business disputes, commercial lease cases, shareholder disputes, FLSA actions, complex probate cases, etc…
Why should attorneys select you as a mediator?
I am committed to the efficient and cost effective use of your time. I bring over 40 years of legal experience to the process. You will get my best effort and I will be creative and persistent in working with you to get your case resolved. I also understand that your time is important and I will not spend unproductive time in unrelated conversation. If you provide materials for me to review prior to the mediation, I will be prepared and this will make our time together more efficient and cost effective. Finally, my rates are very reasonable in light of our experience and expertise.
Where will the mediation take place?
I am happy to mediate at the offices of counsel for any party. If the location is within 30 miles of the Cobb County Superior Courthouse, there will be no travel fee. If the mediation is hosted by counsel, there will be no administrative fee charged to any party. If counsel elect not to host the mediation, Darden Mediation has office space near the Marietta Square to host the mediation. In that event, the parties will each be charged an administrative fee of $150 and lunch will be provided.
What are your rates?
2 Party Case: $300 per party; per hour
3 Party Case: $250 per party; per hour
4 Party+ Case: $200 per party; per hour
— 2 Hour Minimum —
Mediation Administrative Fee: $150 per party