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West Virginia
Mediation Agreement between Private Parties

West Virginia Mediation Agreement between Private Parties

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-02296BG

Format:

Instant download

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 a voluntary process. It is optional for both parties. Unless both parties agree to mediation as a way to resolve their disagree- ment, a mediation session cannot be scheduled. The Mediation session is completely confiden- tial and encourages open communication.

The short answer is no, mediation is a voluntary process and all discussions and negotiations which take place within a mediation are without prejudice, meaning they cannot be used in any court proceedings as evidence of discussions or offers made.

Mediation is held by a neutral person (a 'mediator'). The mediator is impartial. This means they do not take sides. They're there to help everyone involved find a solution they can all agree to.

A caucus is a private meeting during which the mediator talks with each party separately about the dispute.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Where mediation has broken down, apply to the court to ask a Judge to resolve the dispute. If an agreement has not been reached in mediation, the parties do have the option to take the matter to a solicitor or the court.

A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.

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