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Mediation Attorney
Mediation
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Legal Mediation Services

Mediation is a form of alternative dispute resolution. With the assistance of a mediator from Parks Zeigler, the parties fashion their own resolution to their dispute and avoid going to court. The mediator does not make any decisions for the parties. The mediator is a neutral party who merely guides the parties toward a mutually agreeable solution.

What is the Purpose of Mediation?

When the parties go to court and have a judge decide their case, they lose control over the outcome. By utilizing a mediator, the parties retain control over the outcome and reduce their costs. Mediation in Virginia is successful in the vast majority of cases and costs far less than litigation.

Preparing for Mediation

All that is really required is to have an open mind and a desire to resolve the dispute. Most cases in Virginia and North Carolina that go to mediation get resolved because the parties have already recognized that it is better to come up with their own solution rather than have a judge impose an outcome upon them.

What Issues Can Be Mediated?

Any dispute between the parties can be mediated. Mediation is frequently used in divorces and civil cases but basically, any matter where the parties are considering going to court can be resolved through mediation.

What Questions Do Mediators Ask?

Mediators ask lots of questions, primarily trying to determine what the goals of each party really are.  Mediators frequently find that the parties are not as far from an outcome as they thought. Unlike judges, who must impose certain forms of verdicts, a mediation attorney in Virginia can suggest solutions that are mutually beneficial. The ability to find an “outside the box” solution is one of the great advantages of mediation.

How Much Does Divorce Mediation Cost?

Our mediators in Virginia charge an initial fee to set up a file and then an hourly rate. That hourly rate can vary depending on a number of factors but it typically starts at $350/hour. Most participants find that they have saved thousands of dollars over the cost of going to trial.

Is Mediation Legally Binding?

Because the parties fashion their own agreement, the outcome of a successful mediation is a signed agreement that is enforceable like any other contract. If the parties have been directed to mediation by a Virginia court, the court will often incorporate that agreement into an order.

Do I Have to Meet the Other Party/Spouse in Person When Mediating?

Although mediation is sometimes conducted remotely, the most successful mediations usually take place in person. Although all parties are present during the mediation, the parties are typically in separate rooms during most of the process, with the Virginia mediation attorney going back and forth between the parties.

When is Mediation Not Recommended?

The only time that mediation is not an option is if the parties are not truly interested in finding a mutually agreeable resolution. If someone is simply interested in being malicious, it is unlikely that the mediation in Virginia will be successful.

What if Mediation Does Not Work?

If mediation does not work, the parties can continue with their litigation. In most of these cases, however, the parties have been able to significantly narrow the scope of their dispute, so that the cost of the continued litigation is still greatly reduced. What is discussed in mediation is confidential and cannot be used against the parties in court, so the parties have nothing to lose in attempting it.

Contact Our Experienced Mediation Attorneys Today for a Case Evaluation

Call to schedule a case evaluation with one of our experienced Virginia mediation lawyers and get more information on how we can help you today.

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Written By Andrew T. Shilling

Attorney, Managing Partner Elizabeth City Office

Andy is a highly experienced attorney practicing in both Virginia and North Carolina. He began his career at one of the nation’s largest law firms, defending businesses and insurance companies before shifting to a smaller firm to focus on helping individuals and families. In 2000, Andy founded Shilling & Barlow, a successful Chesapeake law firm, later expanding his practice to North Carolina in 2007. He joined Parks Zeigler in 2021 to establish the firm’s North Carolina office and continues to represent clients both there and in Virginia across a wide variety of legal matters.

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