What Is Mediation? court might not. Agreement

Options for Once the parties have  Mediation preserves relationships by reached an agreement, the Dispute Resolution  A negotiation facilitated by a neutral. improving communication between the par- mediator or the parties’ ties.  A chance to speak about what is important to attorneys may record the

you and listen to what is important to the terms of agreement. If the While the court system is the way disputes have  Produces lasting agreements as the parties other person. are directly involved in creating them. mediator drafts the traditionally been resolved, there are different agreement, the parties will be ways of resolving conflict, ways that give more  A way for you to take control of your own encouraged to have an control over the outcome to the parties dispute. How Does the Mediation Process attorney review the agreement prior to signing it. themselves. The term used to describe the Work? A signed agreement may be enforceable as a various options for dispute resolution is  A voluntary process. contract. If a case is pending in court, the judge alternative dispute resolution (ADR). Some  A confidential process. There are no rigid rules governing the process of may resolve the case by entering a court order examples include: mediation; however, there are some common consistent with the agreement.  A process that can result in a binding elements to the process. Conciliation - An informal process in which an agreement. impartial, unbiased individual trained in dispute Introduction How Can I Prepare for Mediation? resolution, a third-party neutral (“neutral”), First, mediators will describe the process and assists in resolution, often without having the What Are the Advantages of their role. They will discuss the Agreement to Successful mediation depends on the parties' parties meet together. Mediation? Mediate form which states specifically that the willingness to negotiate in good faith and work mediator will not give legal advice, the parties out a solution. Before beginning the mediation should seek the advice of independent counsel, process, it is good to know what your interests Mediation - A more structured process than  Mediation, generally, has a high success rate and the process is confidential. are and to think about possible mutually conciliation in which a neutral facilitates a in achieving a mutually agreeable settlement meeting of the parties so they may reach a satisfactory solutions. Both before and during between the parties and avoiding the burdens Information Gathering mutually acceptable solution to their dispute. the mediation, it is good to get legal advice and of a trial. Mediators will ask each of the parties to describe other professional advice regarding the law, your their view of the dispute and what they may want Early Neutral Evaluation - A process in which rights and obligations, the likely litigated  The parties themselves choose and agree on out of any solution. The parties are given a the parties present their case to a neutral, and outcome of your dispute, and the cost of the resolution. chance to vent emotions and express views in a the neutral provides a non-binding assessment of achieving that outcome in terms of time and safe environment. money. the likely court outcome. With an objective  Mediation may be faster than waiting months evaluation, the parties have a realistic view of or years for trial preparation, trial, and Issue Identification the court outcome, which may lead to appeals. Mediators assist the parties in identifying the What Kinds of Disputes Can Be settlement. main issues in dispute. Mediators will help the Mediated?  Mediation is often less expensive than parties in understanding each other’s interests Arbitration - A more formal process in which a preparing for and going to court. and needs with respect to each issue. neutral hears arguments by the parties, but does Almost any kind of dispute can be mediated.  Negotiation is facilitated by a neutral who not facilitate negotiation between them, and has Generating Solutions Some types include: family issues like child has training and experience in helping people the authority to make a decision. It is up to the Mediators will then encourage the parties to custody, visitation, support, and property to resolve their disputes by mutual parties to decide whether the decision is binding become problem solvers, look objectively at the settlement; community disputes like agreement. issues, and identify and discuss possible or non-binding. neighborhood, environmental, landlord-tenant, solutions. At times, mediators may use a  The parties control the outcome and often or land use complaints; insurance related cases; technique called “caucus” in which they meet While all these processes involve a neutral and have a “win-win” result as opposed to having construction disputes; personal injury; with the parties separately and in confidence. are effective ways to resolve conflict, the the issues in dispute resolved by a judge or commercial disputes ranging from small This can lead to fuller revelation of the parties’ process that has been the fastest growing and jury. Parties understand their dispute better business partnership problems to multi-party needs and to the development of options for a the most popular in Virginia is mediation. than anyone and can address details that a corporate disputes; workplace related disputes solution. and special education disputes. Cases Not Appropriate for cuit) and a searchable mediator directory on Vir- either charge a fee per hour or have a flat fee. ginia’s Judicial System Web site at MEDIATION: Mediation Include: www.courts.state.va.us. In Virginia, mediators must provide a dispute resolution orientation session free of cost in court- A Consumer Guide  Matters for which you want to establish legal The Web site also provides contact information for referred cases. This is a preliminary meeting in precedent. Community Mediation Centers and other alterna- which the neutral helps the parties assess whether tive dispute resolution organizations in Virginia. their case is appropriate for a dispute resolution  Family cases where there has been physical process like mediation. or psychological abuse that would jeopardize Mediator listings can also be found in your local a party’s ability to negotiate without fear or telephone directory. 5. Evaluate information and make a decision. duress.

 Cases where there is an extreme inequality of 3. Interview the mediator. Determine which mediator has the qualities, skills,

knowledge or sophistication of the parties. and qualifications you want. Consider whether  Request the mediator’s you can afford the services, whether the mediator resume, promotional ma- can work with your time frame, and whether the Do I Give Up My Options If I terials, sample memoran- other party or parties will agree to the mediator. da and references. Choose Mediation?  Inquire about the mediator’s training and active How Is the Mediator Different From No. In fact, if you have a case pending in court certification status with the Office of the Exec- when you begin mediation, you have the option a Lawyer? utive Secretary of the Supreme Court of to either withdraw from the mediation process or Virginia. conclude it without a resolution. You then still The mediator is a neutral have the opportunity to pursue your case in court  Find out what type and amount of experience person trained specifically the mediator has. in facilitating the process as scheduled. of dispute resolution.  Discuss the mediator’s style. Many mediators are How Do I Choose a Mediator?  Establish what the cost of the mediation professionals in other

services will be. areas such as law, social 1. Decide what you want from mediation. work, counseling, education, or psychology. In

 Inquire whether the mediator adheres to Vir- their role as mediator, however, professionals Do you want a mediator who will suggest options ginia’s Standards of Ethics and Professional cannot give legal advice or any other professional and evaluate the merits of your case? Or, do you Responsibility for Certified Mediators. advice. want a mediator who facilitates communication  Ask whether the mediator has a prior and empowers you to make your own decision? The role of an attorney representing a party in relationship with any of the parties or a Mediator styles vary and you should clarify what mediation is to provide legal advice and to personal bias that would affect his type of process you prefer with the mediator prior advocate for his client. The mediator’s role is to to beginning the mediation. Determine whether it performance. assist both parties in working through the issues in is important that the mediator be familiar with the  Verify the mediator’s knowledge of the subject the dispute to come to a successful resolution of subject matter of the dispute. matter of the dispute. the dispute. The mediator and lawyer(s) work in concert to ensure that the parties enter into an 2. Compile a list of possible mediators. 4. Determine the cost. agreement that is in their best interest and based on informed decision making. To find mediators Generally, mediation is less expensive than going in your area, you to trial. Court-referred mediation may be provided For more information, contact: may access a list free of cost in some jurisdictions. Community The Office of the Executive Secretary Virginia of court-certified Mediation Centers provide low cost or sliding Dispute Resolution Services mediators (by cir- scale fee mediation services. Private mediators 804-786-6455 Information Pamphlet