Mediation
Mediation is a process in which a third-party neutral assists in resolving a dispute between two or more parties. It is a non-adversarial approach to conflict resolution. The role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests and needs of all relevant parties in an effort to resolve the conflict. Mediation is a particularly effective means to resolve issues that arise in divorce cases, such as custody, support and property division. Most of the mediations conducted at Sevila, Saunders, Huddleston & White, P.C. include only the two parties and the mediator. However, if you have hired an attorney and would like your attorney to participate in a mediation session that will be accommodated so long as both parties agree.
Mediation offers many advantages over litigation. The primary benefit is the ability of parties to resolve their differences without incurring the financial and emotional costs of an acrimonious court case. With litigation, the parties communicate through intermediaries, while in mediation the parties communicate directly with each other in a comfortable and controlled environment. Since each party hears the other directly, communication is more accurate, and ambiguities can be clarified immediately. Mediation enables parties to reach agreements on difficult, sensitive, and emotional issues without alienating one another or creating an environment that may render future communication difficult. This is particularly important when the parties have children and will be interacting with one another on child related matters.
Mediation is typically much faster than litigation. Your mediator at Sevila, Saunders, Huddleston & White, P.C. will typically schedule mediation sessions in two to three hour blocks. While every mediation case is different, it typically takes about three to five sessions to resolve all issues requiring resolution. Conversely, litigation may require multiple court appearances and a year or more to resolve the same issues that may be resolved in a few mediation sessions. Once the parties reach an agreement, your mediator will draft a marital settlement agreement. While you are strongly encouraged to have the written agreement reviewed by an attorney of your choice before signing it, you are not required to do so.
Mediation is less expensive than litigation in virtually all cases. Most often the parties divide the costs of mediation equally. However, the parties may agree to allocate the mediation expenses in any manner.
Mediation allows you to customize an agreement to address the unique circumstances of your family. This customization is not necessarily available when relying on a judge to adjudicate your case.
Everything discussed during mediation is confidential. Settlement offers made in mediation may not be used as evidence in court in the event mediation is not successful. Accordingly, parties may seek an agreement in mediation without fear that their proposals may thereafter be used against them in litigation.
Mediation is a voluntary process. If a party is not satisfied with the mediation process for any reason, the party is not obligated to continue mediation.
Mediation at Sevila, Saunders, Huddleston & White, P.C. is conducted by Craig E. White, Esq. Mr. White was certified as a family law mediator in 2005 by the Supreme Court of Virginia and is a past Chair of the Family Law Section of the Virginia State Bar.