How does mediation work?
Divorce mediation is a voluntary process whereby a couple meets with a neutral third party, the mediator, who facilitates discussion and helps the couple come to an agreement that is satisfactory to both. The couple meets with the mediator in one- or two-hour sessions during which all three discuss the various issues that need to be addressed (e.g., child and/or spousal support, parenting arrangements, and the division of assets and debts). Once an agreement is reached, a separation agreement that incorporates the terms of the couple’s understanding is prepared. This separation agreement is submitted to the court when a divorce proceeding is initiated and becomes part of the divorce decree. When the parties agree to the divorce (an uncontested divorce), neither one needs to go to court.
Mediation sessions are generally rather flexible by nature. The object is not to be to tightly bound to a rigid, formal structure, which can frequently turn such negotiations adversarial. Generally, a mediation session occurs with all parties to the dispute and the mediator siting down together in a quiet, comfortable place, and discussing the dispute. The mediator serves as the facilitator, ensuring each party has a chance to tell their story without interruption. The meditor works all the while to defuse the situation, helping the disputants de-emphasize the emotional issues surrounding the dispute, and establishing the basis for an eventual solution. During the session, the mediator may talk privately with the parties to the dispute, if there are issues the individual wishes to discuss but which they are not comfortable sharing with the other parties to the dispute.
Mediation brings people in conflict together in a comfortable and safe setting. With the help of mediators, you can discuss issues and talk about your concerns. They will help you talk to each other to clarify goals, gather information, and identify options. It is up to you to decide what will meet your needs as you manage the conflict. What is discussed with the mediators is kept private and confidential. In mediation, you – not the mediator – control the decisions and the outcome.
The simple purpose of mediation is to provide a means whereby parties to a dispute and their attorneys can sit down and attempt to negotiate a reasonable settlement satisfactory to both parties. Mediation is a relatively straightforward process. A mediator, who is an impartial observer, meets with the parties and their attorneys in a relaxed setting in an effort to promote open communication and a spirit of cooperation. Generally, each party of their attorney will present to the other side and to the mediator their reasoning as to why they feel they should win and their chances of winning or losing. The mediator will then meet with the parties together and by questioning and discussion will assist the parties to fairly and properly evaluate their cases. Oftentimes, a mediator will then meet with a party and his/her attorney in private to discuss both the good points and the bad points about their case. The mediator will likewise meet with the other side to discuss with them the good po
In all custody and visitation cases where both parties live in Virginia, the Juvenile and Domestic Relations District Court located in Manassas requires the parties to attend a mediation evaluation. The parties are directed to contact the Office of Dispute Resolution for an appointment. The 45-minute session is designed to prescreen participants for appropriateness, and educate them about the process. This no-cost evaluation is your opportunity to have your questions about mediation answered by a qualified professional. You do not need to file a case in Court in order to obtain mediation services. You may contact the Office of Dispute Resolution directly for an appointment to learn more about mediation. Those who choose to participate in mediation are offered the opportunity to choose from a list of certified mediators. The appropriate information is sent to the selected mediator by the Office of Dispute Resolution, and the process begins. When an agreement is reached through mediation
