Virginia Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Mediation is an alternative dispute resolution (ADR) process in which a trained neutral 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.

Arbitration involves a neutral third party making a binding or non-binding decision, while mediation focuses on facilitating discussion and negotiation between parties without imposing a binding resolution.

Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered.

Mediators should, at all times, act and endeavor to be seen to act with impartiality towards the parties and should, at all costs, avoid a conduct that implies bias in favour of any of the parties or their representatives.

The mediator begins by explaining the process and conduct guidelines, and both parents sign the Agreement to Mediate. Each parent shares their concerns and goals. Then, the mediator often meets with each parent individually in what's called a caucus ? they can only share what's said in a caucus if the parent allows it.

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 ...

Any agreement reached in mediation is enforceable as a contract and may be entered by the court as an order dismissing the case, if consistent with law and public policy. If the parties do not reach an agreement, that should be reported back by the neutral, without any comment or recommendation.

The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

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Virginia Motion to Refer Case to Mediation