Aoun & Stanford, P.C.

Attorneys and Counselors at Law

MEDIATION

What is mediation?

Mediation is a process in which an impartial person (the “mediator”) assists both parties in reaching a mutually agreeable solution to their dispute.  It is a process designed so that each party may make an informed decision about their situation.  Mediators are not judges and they cannot grant a divorce or order a judgment in other kinds of cases, but they can help parties reach a resolution on issues such as custody, visitation, support, division of property, and contract disputes.

Agreements that are reached through this process are legally binding like any other contract.  They may be entered in court and have the same authority as a court Order. The mediator may assist in drafting the agreement and each party is free to have their own lawyer review the agreement before signing.

The mediator is not acting as an attorney or judge, and will not impose a decision nor determine who was right and wrong. However, our mediators are also attorneys by profession and may draw from their expertise when guiding the parties through the process.

The process is confidential. Should the mediation fail to reach a solution, the positions taken during the mediation process – and any offers of compromise made -- may not be used in court. The mediators will not disclose any information that you request to be kept confidential. 

What are the advantages of mediation?

Mediation is rapidly becoming a popular alternative to litigation. Virginia courts often require parties to attempt to resolve their dispute through mediation before a judge will hear their case. The process is particularly helpful in family and contract disputes for several reasons:

• Litigation is very expensive.  Going to court and preparing for trial is a costly endeavor.  Mediation is often a more economical solution.  Parties can agree to share the cost of the mediation charge and avoid paying extensive attorneys fees to settle their dispute in court. 
• Mediation has a very high success rate. Mediation generally has a 75%-80% success rate in reaching a settlement. Even if the parties cannot come to an agreement, they are more informed about the other side’s position and may be able to narrow down the issues in dispute.
• The parties retain control of the process. When you go court, you leave the outcome of the dispute in the judge’s hands. No one knows what the judge’s decision will be.  In mediation, the parties control the outcome.  A judgment is not imposed upon you.
• Mediation may provide for a tailor-made solution to your dispute. Mediation can be more flexible in providing for solutions. Judges are restricted in what they can offer as remedies to a legal problem.  Mediators can help facilitate a solution that a judge may not have the authority to order.  
• No one knows your case like you do. Judges are busy and the court dockets are full.  The judge has a limited time to hear your case and the surrounding facts. In mediation, the process and time spent on the case is less restricted.  Both parties have the opportunity to be heard to ensure a full understanding of the case.
• Litigation further damages family relationships. Particularly for parents who are faced with legal disputes, the process of airing grievances in court only further damages the parenting relationship.  After the court case is said and done, and the “battle” is over, the parties have to go on parenting. The mediation process may prevent some of the damage that is caused by the adversarial nature of litigation.
• The dispute can be resolved in a timely manner. Mediation can be scheduled in a very short period of time whereas the court process is very long.  If the parties come to an agreement, they may settle a dispute in a much shorter time than if they had gone through the court system. 

Mediators CANNOT:

• Force someone to participate.  It is a voluntary process in which both parties have to agree to meet and participate in good faith. Both parties must come with the intention to work out a settlement agreement.
• Provide legal advice to either party.  The mediator working on your case, while a trained attorney, is not there to provide legal advice.  The mediator is there to function as a facilitator between the two parties.
• Advocate for one side or the other.  The mediator does not represent either side and is not there to decide who is right and wrong.

• The mediators will explain the process, their role, expectations of the clients, and answer questions about the process before beginning the mediation.
• Each participant will have the opportunity to share his or her perspective, uninterrupted. The mediator will clarify and ask questions as appropriate.
• The mediator will help focus the specific issues and help generate creative solutions. It is the mediator’s role to help the parties stay focused on the identified issues in a productive manner and help the parties work collaboratively to find a solution.
• The mediator may draft an agreement or a memorandum of the agreement reached by the parties.  The parties may wish to have this document reviewed by their own attorneys or choose to have the terms of the agreement drafted by another attorney.
   
• Please call to discuss whether mediation may be an appropriate tool for your settling your dispute.   For more information on mediation and our services, please contact Aoun & Stanford, P.C. at (703) 273-2670 or contact@aounstanford.com.