Civil Mediation in the CSRA & Surrounding Areas
What is Mediation in Civil Cases?
Mediation is a process that can help parties with a civil dispute negotiate an agreement with the assistance of a neutral person. The Mediators of DIY Mediations have been specifically trained in active listening and assisted negotiating. The process is confidential and leaves the parties in control of the outcome. It is more cost-effective and efficient than taking disputes to court. If a private Mediator is used, the parties decide who will serve as their Mediator. Usually the Mediator has no prior relationship with either party. DIY Mediations has a team of private Mediators who are specifically trained in civil case negotiations.
What Kind of Civil Cases are Mediated?
Any type of civil case or issue in a civil case may be mediated, based on either an agreement of the parties or an Order of a Court. It may be attended by the parties alone or with attorneys. In addition, Mediation is available before or after a lawsuit is filed. The courts encourage Mediation of disputes in civil cases. Mediation provides a better result for the parties, and people are more often satisfied and likely to comply with the terms, because they were in control of the outcome. DIY Mediations handles mediations involving claims for money, wrongful termination, landlord-tenant conflicts, contested probate matters, property damage and personal injury claims.
What is the Cost of Civil Mediation?
If a Mediation is successful, the cost of resolving the dispute is usually substantially less than if the case goes to court. Private Mediators generally charge by the hour, and each party pays one-half of the fee. Many cases are resolved in only a few hours. In addition to the cost of the Mediator, each party must pay the fee of the party’s lawyer, if any, for assistance provided to the party at the Mediation.
What is the Procedure in Civil Mediation?
The Mediator will make a brief opening statement at the beginning of the initial session. Each party will then be given an opportunity to do the same. Typically, everyone is in the same room to start the session, although the parties can be separated if either party is uncomfortable. If that occurs, the Mediator will go back and forth between the parties to communicate settlement proposals.
The entire Mediation process is confidential. The reason for this rule is to allow the parties to engage in frank discussions without concern that what they say in Mediation will later be used against them in court if the case does not settle. However, confidentiality of a party's statements can only be assured in private caucuses.
What Happens at the End of Civil Mediation?
If the parties reach either a partial or a complete agreement, the Mediator will prepare a written Settlement Agreement for the parties to sign before the Mediation is over. If desired by either party, the Mediators of DIY Mediations will include a provision for either party to have the Agreement reviewed by his/her lawyer for specific changes to be proposed within a few days of the session. The document prepared by the Mediator can also be a Settlement Memorandum, if the parties prefer their lawyers to prepare a more formal agreement after the Mediation is over.
If the dispute is not settled in Mediation, then all settlement discussions that occurred in the Mediation remain confidential. If the matter goes to court, the Mediator cannot be subpoenaed to testify, and neither the judge nor a jury would hear any settlement proposals made during the Mediation. If desired by either party, or required by Court rules, the Mediators of DIY Mediations will include a provision for either party to have the Agreement reviewed by his/her lawyer.
Mediation is a process that can help parties with a civil dispute negotiate an agreement with the assistance of a neutral person. The Mediators of DIY Mediations have been specifically trained in active listening and assisted negotiating. The process is confidential and leaves the parties in control of the outcome. It is more cost-effective and efficient than taking disputes to court. If a private Mediator is used, the parties decide who will serve as their Mediator. Usually the Mediator has no prior relationship with either party. DIY Mediations has a team of private Mediators who are specifically trained in civil case negotiations.
What Kind of Civil Cases are Mediated?
Any type of civil case or issue in a civil case may be mediated, based on either an agreement of the parties or an Order of a Court. It may be attended by the parties alone or with attorneys. In addition, Mediation is available before or after a lawsuit is filed. The courts encourage Mediation of disputes in civil cases. Mediation provides a better result for the parties, and people are more often satisfied and likely to comply with the terms, because they were in control of the outcome. DIY Mediations handles mediations involving claims for money, wrongful termination, landlord-tenant conflicts, contested probate matters, property damage and personal injury claims.
What is the Cost of Civil Mediation?
If a Mediation is successful, the cost of resolving the dispute is usually substantially less than if the case goes to court. Private Mediators generally charge by the hour, and each party pays one-half of the fee. Many cases are resolved in only a few hours. In addition to the cost of the Mediator, each party must pay the fee of the party’s lawyer, if any, for assistance provided to the party at the Mediation.
What is the Procedure in Civil Mediation?
The Mediator will make a brief opening statement at the beginning of the initial session. Each party will then be given an opportunity to do the same. Typically, everyone is in the same room to start the session, although the parties can be separated if either party is uncomfortable. If that occurs, the Mediator will go back and forth between the parties to communicate settlement proposals.
The entire Mediation process is confidential. The reason for this rule is to allow the parties to engage in frank discussions without concern that what they say in Mediation will later be used against them in court if the case does not settle. However, confidentiality of a party's statements can only be assured in private caucuses.
What Happens at the End of Civil Mediation?
If the parties reach either a partial or a complete agreement, the Mediator will prepare a written Settlement Agreement for the parties to sign before the Mediation is over. If desired by either party, the Mediators of DIY Mediations will include a provision for either party to have the Agreement reviewed by his/her lawyer for specific changes to be proposed within a few days of the session. The document prepared by the Mediator can also be a Settlement Memorandum, if the parties prefer their lawyers to prepare a more formal agreement after the Mediation is over.
If the dispute is not settled in Mediation, then all settlement discussions that occurred in the Mediation remain confidential. If the matter goes to court, the Mediator cannot be subpoenaed to testify, and neither the judge nor a jury would hear any settlement proposals made during the Mediation. If desired by either party, or required by Court rules, the Mediators of DIY Mediations will include a provision for either party to have the Agreement reviewed by his/her lawyer.