Frequently Asked Questions

A Mediator, as a neutral third party, helps you and the other party discuss issues, explore solutions, and reach a mutual agreement. This process allows each party to share their views in a safe environment and collaboratively find suitable answers. The outcome is a written agreement which can be filed with the court to initiate an uncontested divorce action or documented in a Memorandum of Understanding for other types of cases.

Mediation can be effective even when parties have differing views on the issues. The Mediator assists in identifying areas of common ground and negotiating a settlement. While the final agreement might not provide each party with everything desired, it aims to be considered fair and acceptable, allowing the parties to progress in the future.

During the consultation phase, the Mediator will screen the case to make sure your situation is appropriate for mediation. In mediation, each party has to be comfortable advocating for themselves, without fear of physical harm.

The Mediator cannot give legal advice; that’s the attorney’s role. The Mediator provides legal information and helps you assess options to reach a mutual agreement.

The Mediator facilitates discussions between parties and offers suggestions and potential solutions based on their experience. However, it is the parties themselves who make decisions during mediation, not the Mediator nor a Judge unfamiliar with their family situation. Mediation empowers the parties to be the decision-makers. Research indicates that individuals who contribute to crafting an agreement are more likely to adhere to its terms.

Each case is different, but the length of the mediation process depends on the number and complexity of the issues involved in your situation and the willingness of the parties to negotiate in good faith. A typical case involving children usually takes between four-five hours, and a case without children typically takes between two-three hours. Each session is scheduled for two hours.

The Mediator will invoice you after each session. You can choose to share the fee with the other party or pay it yourself, and instruct the Mediator accordingly. Before reviewing the draft Agreement, the Mediator will invoice you for the drafting fee.

Parties can consult an attorney before signing the Agreement, but it is optional. They may also seek legal advice before, during, or after mediation without disclosing if they did so.

Mediation does not always work, but there is a very high rate of success associated with mediation. Parties who choose mediation are willing to resolve their issues amicably instead of spending tens of thousands of dollars filing a court action. Merely by choosing mediation, parties demonstrate they have the right mind set for a successful outcome.

Once issues are resolved through mediation, the Mediator will draft an Agreement for review by all parties. Upon approval of the draft, the Mediator will finalize the Agreement and provide it in PDF format. Each party is required to sign the Agreement before a notary public.

Under Virginia law, an attorney who served as a mediator cannot file a court action for the parties. Thus, parties can either file themselves or hire another attorney to help. I keep a list of mediation-friendly attorneys for this purpose.