What is Mediation?

Mediation is a dispute resolution method that involves the parties involved, a neutral third-party mediator, and a private meeting in which the mediator helps the conflicting parties to come to a mutually acceptable solution. The goal of mediation is to settle things out of court, and it can be much more affordable and timely than traditional lawsuits.

How does Mediation Work?

During mediation, the mediator acts as a facilitator, not a judge. The mediator will listen to both parties’ arguments and help them come to an agreement. The mediator will work to bring each party to a common ground by facilitating communication, promoting understanding, and guiding the discussion towards a fair and reasonable solution.

Generally, mediation is started by a request by one or both parties who wish to mediate the dispute. The parties then agree on a mediator and a time and place to hold the mediation. During the mediation session, the parties will have a chance to discuss their issues and negotiate a solution. If a settlement is reached, the mediator will draft an agreement that is signed by both parties.

Do You Have to Mediate in Virginia?

Generally, mediation is not a mandatory process in Virginia; however, it might be needed depending on the case type. For instance, in family law cases like child custody and visitation, mediation is typically required before the case proceeds to trial. Additionally, mediation in family law cases usually occurs after the parties have filed their initial pleadings and have attended a court hearing called the "pretrial conference."

While mediation can be an essential part of resolving family and divorce cases, not all cases will ultimately benefit from mediation. For instance, in some situations, an individual may file for a restraining order or a temporary protective order against another party. In these cases, mediation may not be appropriate because it may put the requesting party in danger.

The Bottom Line

Mediation is a way to resolve disputes without going to court. Although it is not required in Virginia, it may help in many cases, particularly in family law cases.
If you decide on mediation, it is crucial to find a mediator who is experienced and reliable. At the end of the day, mediation can be a positive solution for the parties involved, as it can resolve conflicts without court intervention.

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