Virginia Agreement To Mediate

State:
Virginia
Control #:
VA-ADR-01
Format:
PDF
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Description

Agreement To Mediate

The Virginia Agreement To Mediate (VAM) is an agreement between two parties to resolve a dispute through mediation. It is a legally binding document that requires both parties to agree to participate in mediation in order to settle their dispute. The VAM is based on the Uniform Mediation Act, which is designed to facilitate an efficient, cost-effective, and expedient resolution of disputes through mediation. The VAM provides the parties with the terms, conditions, and procedures for mediation. It includes provisions for the selection of a mediator, the establishment of a timeline for the process, and the payment of mediation fees. There are two types of Virginia Agreement To Mediate: the Standard VAM and the Non-Standard VAM. The Standard VAM is typically used in disputes involving contract disputes, business disputes, and other civil disputes. The Non-Standard VAM is typically used in disputes involving family law, probate law, and other disputes of an emotional or sensitive nature.

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FAQ

The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbitrator can take over the case after consulting with the mediator.

The mediation process itself isn't legally binding ? either party can walk away from it at any point ? but it should ideally result in a legal agreement. At the end of a successful divorce mediation, you and your spouse will have produced a document stating your agreement.

A mediation agreement becomes binding once both parties sign it. As a result, it is essential to thoroughly review mediation agreements before signing them because once the document is signed, the contract becomes legally enforceable. In some circumstances, a mediation agreement will be found unenforceable.

Under Virginia law, all mediation is confidential. You, your spouse, or the mediator may not share or disclose anything you say or any documents you provide during the mediation process (including during screening and intake).

A mediation agreement can be defined as an agreement reached by the parties to a dispute by expressing their will to settle the dispute between them through mediation. The mediation agreement either can be concluded between the parties as a separate agreement or as a condition of an agreement between the parties.

Definition of Mediation: Mediation is a process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute.

The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.

Unless mediation is court ordered, meditation only becomes legally binding when a mediation agreement, or written contract, is reached.

More info

An agreement to mediate is the form that the parties and the mediator sign to put everyone on the same page as to the process that will be followed in the mediation, what is to be considered confidential, and the parameters of the process. The Parties agree to enter into mediation in good faith, and with a sincere desire to reach a mutually acceptable resolution of their differences regarding .The parties, their lawyers and the Mediator will make a serious attempt to resolve all issues fairly in mediation. The parties voluntarily agree to mediate. Which should normally be completed within 60 days of signing this Agreement to Mediate. Confidentiality: Confidentiality is essential to effective mediation as it allows the parties to have a full and candid exchange of information. The parties also understand that the Mediator may suspend or terminate the mediation. Scope of Confidentiality. The Parties and the Mediator agree that the entire mediation process is confidential and privileged pursuant to Mass. Gen. Neither the completed Agreement to Mediate nor the Request for Mediation forms are considered confidential.

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Virginia Agreement To Mediate