There are many advantages to having a mediation lawyer in Fairfax Virginia. Instead of a traditional lawsuit, mediation aims to resolve the conflict without the need for a courtroom. Having a mediation lawyer helps you ensure that your rights are protected during this process. Here’s your guide to mediation lawyers in Fairfax, Virginia.
What is Mediation?
Mediation is a form of alternative dispute resolution. Essentially, it is an informal way to resolve conflict. A mediator is a neutral third party who guides the parties and allows them to discuss their issues, clear up misunderstandings, and find a middle ground. This allows the parties to be in control of the resolution, rather than a judge making the decision for them.
In some cases, mediation is a court ordered process, but typically, parties voluntarily seek mediation. Consider these advantages of mediation before you decide to pursue litigation.
Faster & More Cost-Effective
Mediation is often a much faster method of dispute resolution. Once the parties select a mediator, that person sets ground rules for communication and serves as a referee of sorts to guide the parties through conversations. The mediator is a neutral party and seeks to let each side hear the other. Then, they work on resolutions that are fair to each side. This process may only take a few days or weeks to complete.
On the other hand, lawsuits can take months or years to complete. With mediation, parties can get on with their lives much quicker. Furthermore, since mediation resolves disputes much faster, it typically costs much less than traditional litigation.
Confidential & Casual
Mediation is a much less formal way of resolving disputes than a traditional court-driven process. In traditional litigation, there are many rules of evidence and procedures for keeping the parties separate. However, a mediator works directly with the parties and focuses the parties’ attention on their needs and interests rather than the formal positions of legal filings.
Unlike court cases, mediation is usually a confidential matter. Court cases are public and can be accessed by nearly anyone. However, with mediation there are no records or transcripts. Furthermore, any statement or notes made during a mediation session cannot be used or revealed later in litigation. This factor alone is a wonderful reason for using mediation rather than traditional litigation.
Meditation helps preserve relationships that would likely be destroyed through years of litigation. Since mediation is a collaborative process rather than an adversarial one, it helps save important relationships. This is especially beneficial during divorces and why mediation it utilized so often in family law.
In mediation, there is no win/lose outcome. The parties work together to come to a resolution that is fair to both parties. Unlike with traditional litigation, the parties have a much greater degree of control over the outcome. This means they have a greater say in the negotiations and both parties must approve of the final agreement.
Agreements reached during mediation are typically put into writing and signed by both parties. If the parties have attorneys, their attorneys will review the agreement and may even draft the final agreement before the parties sign.
Generally, parties report a better outcome as a result of mediation than they do from a lawsuit. Parties are usually more satisfied with mediation because there is no winner or loser, there is no admission of fault or guilt, and any settlement is mutually agreed on. Additionally, since parties are more satisfied with the outcomes, there is often greater compliance with agreements reached through mediation.
Mediation Lawyer in Fairfax Virginia
Mediation can produce better results, more quickly and cheaply. Successful mediation lays the foundation for collaborative, non-confrontational, problem solving while keeping important relationships intact.
However, you don’t have to do it alone. A mediation lawyer can help you understand how to navigate this process and ensure that your rights are being protected. To learn more please contact Cook, Craig, and Francuzenko today.