Mediation is an alternative dispute resolution (ADR) process in which a trained, neutral, mediator facilitates communication between the parties by providing each with an opportunity to listen and to be heard. Without deciding the issues, without providing legal advice, and without imposing a solution on the parties, the Mediator may enable the parties to acknowledge and understand each others underlying needs and interests and assist them in reaching an agreement. In Virginia, the mediation process is voluntary and confidential.
The mediators, even if licensed to practice law in Virginia, cannot serve as an attorney, give legal advice or file papers in court for any party.
More than 80% of all cases reach an agreement on some or all issues, especially when parties stay focused on their futures and not on past hurts and disappointments.
Parties are in control of their decisions—how often they meet, how quickly they exchange information and how cooperative they are with each other during negotiations.
Parties are more likely to abide by an agreement that they help design.
Parties volunteer to mediate and contribute to reaching final agreements acceptable to all.
Mediation sessions are coordinated with your busy schedules. For efficiency, each meeting follows an agenda with the mediator facilitating the process.
This is especially important with family cases where the parties may have on-going dealings with each other or with children or other family members.
By statute, discussions and interactions during mediation are confidential, to encourage an honest discussion of facts, views and feelings. The resulting agreement, generally, is not confidential.
"God gave us two ears and one mouth with which we may choose to listen twice as much as we speak. Mediation provides an opportunity to listen and an opportunity to be heard."
Cheryl Watson Smith, Esq.