Mediation may be an option!

Litigation is often the most expensive and time consuming method of resolving a conflict or dispute. Arbitration and mediation are referred to collectively as "Alternate Dispute Resolution" or "ADR" because they provide alternatives to litigation to resolving a dispute. In arbitration, a neutral third party or panel is selected by the parties. That third party reviews the dispute and issues a decision, which is binding upon the parties. While arbitration is cheaper and faster than litigation, it does not afford the types of due process that litigation includes. Arbitration also places the decision making authority in the hands of a third party.

Mediation, unlike the other methods, places the decision making exclusively in the hands of the disputants. The mediator works with the parties to address any issue, including legal and other issues, which may be impairing the ability to resolve the case. Mediation is consensual and non-binding and is often cited as the least expensive way to resolve a conflict to the greatest satisfaction of the parties.

FAQ about Mediation

Can mediation help me?
Mediation is designed to address conflicts that arise between people. The process may help in situations involving:

  • litigation of civil cases, including automobile accidents, boundary disputes and slip and fall cases.

  • family matters, including custody, visitation, divorce, elder issues and parent-teen relationships.

  • business and organization issues.

  • community problems.

  • youth interests.
Can you give me some examples of how mediation is used in specific cases?
Mediation is often used in situations involving family law conflicts and litigation. Mediation may address the division of marital property, spousal support and child custody. Mediation permits the parents of the children to determine how the children should be raised to best meet their needs.
Mediation may be employed in construction cases and may permit a faster resolution which allows for the damages to be repaired or paid for promptly. Litigation may take much longer and may result in a judgment, but that judgment may be difficult or impossible to enforce.
Mediation is used in employment cases where the employee and supervisor can explore the conflict openly, and out of the presence of others. The employee may be able to keep their job or receive compensation and the employer avoids the expense and distractions of litigation.
What happens during a mediation session?
During a mediation session, a neutral mediator may guide the parties through a five step dispute resolution process:
  1. Introduction The mediator begins the session through personal introductions and introduction to the process. Guidelines for the process may be established.

  2. Narration Parties share their view of the conflict and listen to other viewpoints. The mediator may assist in identification of the issues that are important to the parties.

  3. Option Generation The parties engage in a creative and collaborative discussion about the potential options open to addressing the disputes.

  4. Resolution If the parties reach an agreement, it is reduced to writing by the mediator and endorsed by the parties.

  5. Conclusion The final agreement is submitted to the court, or a report is submitted to the court to verify that the parties participated in mediation in good faith.
How long does mediation take?
Conflict is often the result of many years of disagreement. Reaching an agreement may take time. Each situation is different, but most mediation sessions are scheduled for a half day or day long time period. Often, additional sessions may be conducted if desired by the parties.
How can mediation help me?
There is no guarantee that mediation will resolve every dispute. Mediation has been beneficial to resolve disputes in situations where the outcome is important to the parties. Mediation may be right for you if you:

  • value confidentiality

  • seek a low cost alternative to resolving your dispute

  • appreciate the ability to be able to make decisions for yourself.
What should I do if I have an attorney?
Contact your attorney and ask him or her about their experience in mediation. Review the advantages and disadvantages in participating in mediation. If you decide to participate in mediation, your attorney may attend the session. Even if you decide not to have your attorney attend the mediation, since mediation agreements are binding, we encourage you to have your attorney review your agreement before it is signed.
Why should I select a lawyer as the mediator in my case?
While a mediator serves as a neutral third party and cannot give specific legal advice, a lawyer will have insight as to what the requirements are for an enforceable agreement.
I'm not sure mediation is right for me, can I back out once we get started?
Yes. The only commitment you make is to show up at the initial session so that you may ask questions, get a feel for the process, explore whether the other party is willing to participate and to get to know us. Once the mediation begins, you may take a break or leave at any time.
My case is complicated, shouldn't a judge just decide it?
The judge is always available to make a decision, as part of the litigation process. However, unless you explore the potential of mediation, you may not know what you have missed. Retaining control over the outcome, over your expenditures and maintaining confidentiality are all benefits that mediation offers over litigation.
Why should we hire a professional mediator?
If things are to the point that you need help, you should be working to create an environment conducive to a settlement. An experienced professional mediator, well versed in the techniques of negotiation will be most likely to provide the opportunity for you to reach a settlement.
How much does mediation cost?
Our professional attorney-mediators use their experience and legal knowledge to help you focus on realistic resolution of your problem. In mediation, the parties share the costs as they decide to split them. You pay as you go and you may stop at any point, for any reason. In most cases, mediation results in a settlement with less cost, stress, and time than litigation.
How much time does mediation take?
Many cases can be resolved in one short session. Other complicated cases or cases when there has been a long history of disagreement may take two to four sessions.
Will mediation work when the other party is emotional, difficult, demanding or controlling?
Mediation can produce a favorable outcome for both parties, even when one party may be difficult to negotiate with outside of the mediation process.
Where does the mediation occur?
We have an office in Martinsburg and one in Charles Town. The mediation may occur in one of those offices or at any mutually agreeable location.
Should I consult a lawyer?
While we are lawyer-mediators, we can provide general information about the laws. However, we cannot provide you with specific legal advice. At some point you may desire contacting an attorney to review your agreement or to otherwise provide specific legal advice to you.
What if I have a court case?
You may mediate your case even if you are already in court or litigation.
When should I file with the court?
Sometimes the other party will not negotiate without filing suit. You may pursue filing suit, without an attorney, and then approach the other party about participating in mediation.
Why should I mediate when I think that the Judge will rule in my favor?
Why incur the time and expense of litigation when mediation is less stressful and less costly. Mediation can usually be scheduled within a few days of your inquiry. You can always proceed in court if you don't reach a resolution.
Litigation in real life is not nearly as quick or easy as it is on television. Abraham Lincoln said, "Discourage litigation. Persuade your neighbors to compromise whenever you can." Point out to them how the nomnial winner is often the real loser-in fees, expenses, and waste of time.