Mediation is a great way to solve traditional legal disputes and can be a much cheaper, quicker, and more pleasant process than litigation. Not too many people are very familiar with mediation, however, and most people have questions about whether the process is right for them.
Mediation is an informal conflict-resolution process brought before an independent, neutral third party, otherwise known as the mediator. Mediation cases give the parties the opportunity to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that would never be possible in a lawsuit. Parties are not forced to agree to a solution in mediation but, rather, the mediator facilitates communication to help the parties reach a mutual agreement.
Can my case be mediated?
Typically, only civil cases can be mediated. Typical civil cases that are mediated include, but are not limited to:
- Business disputes
- Landlord-tenant disputes
- Small claims disputes
- Divorces
- Child custody disputes
- Contract disputes
- Post-divorce issue
What are the advantages of mediation?
Mediation cases have many significant advantages over traditional lawsuits which include, but are not limited to:
Quicker: Mediation typically can be done a lot sooner, whereas lawsuits typically take months or years to get heard.
Less Formal: The informality of mediation allows the parties to be more engaged than they would be in a court-driven process with an abundance of rules and procedures designed to separate the parties. Accordingly, since the mediator deals directly with the parties and their council, the mediator can focus the attention of the parties upon their needs and interests rather than on their stated positions.
Confidential: Unlike court cases, which are public, mediation is typically confidential. This reason alone can be a great reason to use mediation rather than file a lawsuit.
Greater Flexibility and Control: In mediation, unlike in a lawsuit, the parties and their council are in control. This means that the parties have a much greater say in negotiations and greater control over the outcome and can fashion resolutions that a court cannot be able to do.
Should you or a loved one have a question about mediation and if it is right for you, contact Principal Alan Plevy at abplevy@smolenplevy.com.
About the Author
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
