VIRGINIA DIVORCE, CHILD CUSTODY & MEDIATION

VIRGINIA COLLABORATIVE LAW MEDIATION ARBITRATION

Mediation is a form of alternative dispute resolution and is a positive and effective alternative to litigation.  Mediation is a process through which parties may resolve any type of dispute, including those issues that arise in the context of divorce.

The mediator is a neutral who assists and guides the parties in the process.   The mediator is charged with the duty of creating a safe, non-threatening environment in which the parties may address their issues, discover and express their interests and engage in creative problem-solving.  While the mediator is the “keeper of the process”, the parties dictate the issues to be addressed, the timeframe for doing so, and the nature of their agreements.

The basis of the mediation process is transparency and integrity.  The parties must commit to making full disclosure of all information relevant to the parties’ issues and necessary to responsibly addressing and resolving those issues.  The process demands that the parties are respectful and considerate of each other.  With this foundation in place, the parties experience benefits absent in litigation, including safety, security, confidence, and self-determination.  As an added benefit, mediation is substantially less costly than litigation, allowing parties to preserve their funds for their future.

Some people are fortunate to discover and choose mediation right from the beginning.  However, mediation is beneficial to those parties who have found themselves unhappy in litigation as well.  Whether parties choose to completely abandon litigation or use mediation to focus on limited issues, it is never too late to take control of their future by stepping into the mediation process.

If you need help with a divorce in Virginia or child custody case in Virginia, contact the Virginia collaborative law & mediation center for help.

Our Virginia mediation attorneys have offices in Fairfax County, Prince William County, and Richmond City.

Collaborative law, also known as cooperative practice, divorce or family law is a legal process that allows couples who decided to end their marriage or terminate with working of lawyers according to Virginia law. Sometimes other relatives also include to work out the unexpected outcome of the court to avoid and best meet the specific needs of both parties and their children without the fundamental threat caused by legislation. The process enables the parties to reach a fair settlement.

The collaborative and arbitration law states that it is compulsory (exceptions) that parents must meet a Family Dispute Resolution Appeal to resolve their parenting problems before they have the right to begin legal proceedings for the divorce. Even after the court proceedings began, parents have to attend a conciliation meeting again to solve their parenting problems. Parties who have financial and property disputes must also attend mediation to solve their problems. In addition to mediation, there are other processes to resolve such disputes. Dispute resolution processes include:

  • Resolution of family disputes; mediation;
  • Litigation

Meaning of common law

Collaborative law is a tribal court to resolve disputes. Experiments are long and explain processes that give a complex set of lawmaking. Cooperative Agreements sometimes are situations can sometimes be resolved faster, cheaper, and improved. Through coordination, conflicting parties can work to resolve the problem. There are two main types of collaborative law: negotiation and mediation. During the conflict, the parties or the lawyer directly discuss the dispute and try to resolve the dispute. Mediation is the same, but in mediation, the third person in the mediation mode will help parties in the solution. In both cases, if the parties are agreed, the mediator or one of the parties will normally be allowed by the court and an enforceable court order or arbitrary law.While mediation is not the greatest solution to many people, it is not the case for each situation. Criminal or other criminal cases involving severe crimes do not recommend easy going of victims because they have difficulty confronting their crimes in urgent situations. Additionally, the mediation process is unique to each mediation process and is usually confidential. While some people find this secret, they cannot know that the lawyers are not fair and are not under the influence of law. Everything in this should be recorded, and court records are usually available in court custody or the divorce court. People who have been tried by a prosecutor can always take the information to a lawyer and ask about. Associated laws of meditation are relatively small, such as smaller claims or expulsions, because they often can reach a fair deal unless they are involved in court. For example, if a tenant falls on a rented property on a tenant’s estate, the landlord may complain to the court and the tenant will be removed from the apartment if the matter is referred to the judge. However, mediation or negotiation may lead to a tenant who rents a house or a tenant can do a reasonable maintenance work. This is how collaborative law in Virginia works.

Virginia. Code § 20-124.4. Mediation.

In any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution evaluation session to be conducted by a mediator certified pursuant to guidelines promulgated by the Judicial Council at no cost and in accordance with the procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title 8.01. In assessing the appropriateness of a referral, the court shall ascertain upon motion of a party whether there is a history of family abuse. If an agreement is not reached on any issue through further mediation as agreed to by the parties, prior to the return date set by the court pursuant to § 8.01-576.5, the court shall proceed with a hearing on any unresolved issue, unless a continuance has been granted by the court. The fee of a mediator appointed in any custody, support or visitation case shall be $100 per appointment and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267.

Virginia code § 8.01-581.21. Definitions.

As used in this chapter:

“Mediation” means a process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute.

“Mediation program” means a program through which mediators or mediation is made available and includes the director, agents, and employees of the program.

“Mediator” means an impartial third party selected by agreement of the parties to a controversy to assist them in mediation.

Virginia Code § 8.01-581.24. Standards and duties of mediators; confidentiality; liability.

A mediator selected to conduct a mediation under this chapter may encourage and assist the parties in reaching a resolution of their dispute, but may not compel or coerce the parties into entering into a settlement agreement. A mediator has an obligation to remain impartial and free from conflicts of interest in each case, and to decline to participate further in a case should such partiality or conflict arise. Unless expressly authorized by the disclosing party, the mediator may not disclose to either party information relating to the subject matter of the mediation provided to him in confidence by the other. A mediator shall not disclose information exchanged or observations regarding the conduct and demeanor of the parties and their counsel during the mediation unless the parties otherwise agree.

However, where the dispute involves the support of minor children of the parties, the parties shall disclose to each other and to the mediator the information to be used in completing the child support guidelines worksheet required by § 20-108.2. The guidelines computations and any reasons for deviation shall be incorporated in any written agreement by the parties.