Mediation Services
Most (97%) legal cases filed in U.S. courts never go to trial. Yet, countless amounts of time, energy, and money are spent filing complaints, serving the complaints, conducting discovery, and including costly depositions before many cases are resolved through settlement. Many of these cases are resolved through court-ordered mediation.
It doesn't have to be this way!
There's a shortcut. Legal problems are often addressed through alternative dispute resolution to avoid the time and expense of court proceedings. During mediation, parties meet with a neutral third party, a mediator. Meetings may be held online or in person and are designed to help the parties in dispute find a mutually acceptable resolution.
Once an agreement is reached, we put it in writing so that both parties and their lawyers, if they have lawyers, can sign the agreement. Most agreements are legally enforceable.
Learn more about our mediation practice areas:
Advantages of mediation include:
Informality. There are no formal rules or witnesses. The sessions are scheduled at your convenience and held either online, in my office, or in your office.
Confidentiality. Unlike most court proceedings, every detail about mediation is entirely confidential. After the mediation, all records are destroyed.
Faster. Mediation usually takes far less time to complete than litigation.
Inexpensive. Since it's faster and informal, mediation is usually less expensive than litigation.
Parties stay in control. Parties have control over the outcome, when and where mediations will occur, and usually some control over the process.
Relationships are preserved. In mediation, parties are often able to find ways to repair or prevent damage to relationships. When relationships are over, the parties may find a healthier way to end the relationship.
Satisfaction. Parties in mediation are usually more satisfied with the outcome they have created than one imposed on them through litigation.
Better Agreements. Mediated agreements are usually more subjective and broader than decisions imposed by courts.
Future Problem-Solving. Often, parties improve their ability to communicate through mediation, which can be beneficial if they have ongoing relationships, such as coworkers or family members.
Frequently asked questions about mediation:
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Mediation is a voluntary process to resolve a disagreement with the assistance of a neutral third party.
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Mediation starts when one party learns or inquires about mediation. Parties may agree to mediation or may be ordered by the court to participate. Once they agree, our office schedules a pre-mediation meeting to answer questions and prepare for mediation. We then schedule and attend our first mediation session, which is usually two to three hours long. Sometimes, an agreement is reached in one meeting. In other cases, the parties may need to gather additional information and have further meetings after the initial meeting. Those meetings can be as short as thirty minutes or as long as the first two to three hours. Once an agreement is reached, the mediator places it in writing, and the parties and their lawyers, if they have them, sign the agreement. If the case involves divorce, the agreement is filed with the court. In other situations involving courts, the mediator will file a report with the court as to whether the mediation concluded with an agreement.
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It depends! Mediation can take anywhere from 15 minutes for a straightforward dispute in General District Court to several days or weeks for complicated matters involving many parties with complex legal issues. At Waugh Law & Mediation, we typically schedule the first mediation session for two to three hours, including a thirty-minute pre-mediation meeting for logistics. Follow-up sessions are scheduled by participant agreement and usually last one to three hours. Mediation timing depends on party schedules and the number of sessions needed, ranging from one week to several months.
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Mediation is usually much less expensive than litigation. Mediation costs vary depending on the conflict, but it's almost always more cost-effective than litigation. Our office does not charge a retainer for mediation services. Clients are billed hourly for the time spent working on the case. Most mediations we handle cost less than $2500. Special rates are available for low-income clients and non-profit organizations.
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Our office offers online mediation using the zoom platform and in person in our offices in Leesburg, Virginia, Martinsburg, and Charles Town, West Virginia. We also offer mediation in the office of one of the parties or at another convenient location.
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No particular license, certification, or advanced degree is required to be a mediator.
In Virginia, to accept certain court referrals, mediators must be certified by the Virginia Supreme Court of appeals. In West Virginia, mediators must be certified by the West Virginia Supreme Court to accept referrals in family law cases. Additionally, the West Virginia State Bar provides a training program for mediators.
Brenda Waugh is certified to accept cases by the Virginia Supreme Court in the areas of General District Court and Juvenile and Domestic Relations court. She is also certified as a mentor. Brenda is certified in West Virginia by the Supreme Court to accept referrals from Family Court. She has completed the training program by the West Virginia State Bar. Brenda has a law degree and is licensed to practice law in Virginia, West Virginia, and the District of Columbia. She has a master's degree in conflict resolution, including several master's level courses in mediation.
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Yes, mediation is generally confidential, with some exceptions. Documents signed in mediation are typically not confidential, and parties can share them with their attorneys. In court-referred cases, the mediator files a report that includes participant information and whether an agreement was reached. Exceptions apply to ensuring safety and addressing grievances.
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Talk to the mediator! Many mediators offer a free initial meeting to help you make an informed decision.Item description
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Unlike lawyers, mediators often facilitate processes in multiple areas of law. However, most mediators use a specific approach to the mediation. Mediators use different approaches, including transformative, facilitative, and evaluative. Discuss your mediator's approach with them and your lawyer to ensure it aligns with your needs.
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Consider a mediator with education, experience, and certifications in mediation and law when a case involves a legal dispute. Some mediators lack specific mediation training or have minimal education. Brenda holds a law degree, is licensed in three states, and has a master's degree in conflict resolution. She is also certified as a mentor and available for court referrals in certain Virginia cases. Brenda is qualified for family law court referrals in West Virginia and has completed training offered by the West Virginia State Bar to be listed as a trained mediator.
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No. Mediators can assist you in discussing resolution options and provide legal information but cannot offer legal advice. If parties have attorneys, they can attend mediation to provide legal advice, and parties can consult with an attorney before signing any agreement.
Book an appointment.
Do you still have questions about mediation? Book a free online consultation. Are you ready to schedule mediation? Select from our available appointments and we will contact you to answer questions and complete the process.