Virginia Evaluation of Mediation Sessions and Mediators is the process of evaluating the performance of mediators and the effectiveness of mediation sessions in the Commonwealth of Virginia. This assessment is conducted by the Virginia State Bar and is mandated by the Virginia General Assembly in order to ensure the highest standards of mediation are being met. The evaluation is based on the mediator’s skills, knowledge, and their ability to bring the two parties to a successful resolution. There are two types of Virginia Evaluation of Mediation Sessions and Mediators: Supervisor Evaluation and Standard Evaluation. The Supervisor Evaluation is used to assess the performance of a mediator who has gone through the Advanced Mediation Training Program and is being considered for a supervisor position. The Standard Evaluation is used to assess the performance of all mediators who are registered with the Virginia State Bar. Both evaluations involve ratings on various aspects of mediator performance, such as conflict resolution skills, communication skills, and knowledge of the law.
Virginia Evaluation Of Mediation Sessions And Mediators
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Mediation, as defined in Virginia Code § 8.01-581.21, 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.? See also Virginia Code
(1) The mediator shall be impartial and independent of the parties. (2) The parties may agree that the mediator shall have specific qualifications or expertise. (1) There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties.
The main objectives of this Code of Conduct for Mediators are: To provide guiding principles for mediators' conduct. To provide a means of protection for mediation participants. To promote confidence in mediation as a process for resolving disputes.
Is mediation mandatory in Virginia? No. Section 8.01-576.5 authorizes judges to refer appropriate civil matters to a dispute resolution orientation session. The orientation session is an informational meeting to allow the parties to learn about mediation and consider the appropriateness of their case for mediation.
A mediator should not render a decision on the issues in dispute. The primary responsibility for the resolution of a dispute rests with the parties. mediator should not coerce a party in anyway. A mediator may make suggestions, but all settlement decisions are to be made voluntarily by the parties themselves.
Evaluative mediation: This type of mediation is also termed as directive mediation in which the mediator gives formal recommendations to the disputing parties and helps them with the most accurate outcome to resolve their dispute through this type of alternative dispute resolution process.
To be effective, a mediator must be able to control their feelings and not invest emotionally in the outcome of the proceedings. That way they are better able to create, identify, and take advantage of opportunities that help both sides realize their goals.
Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline