Mediation

What is Mediation?

Mediation is a chance for all parties involved to meet with a neutral third party, the mediator, who can help them facilitate the conversation about the conflict at hand. Mediators are not there to take sides or judge the parties in any way, but rather help them identify the strengths and weaknesses of their dispute. Parties usually come to or are referred to mediation because they find it difficult to have a civil and productive conversation about the conflict(s) by themselves. All ideas and solutions reached are strictly introduced by the parties themselves, not the mediator. Ideally, there is an agreement written up by the mediator that includes all wishes from the parties, which is then sent to the parties to review and sign. It is always encouraged that the parties confer with private counsel at any point in the mediation process, especially before signing. Mediators are not able to offer anyone legal advice of any kind, such as a prediction of a judge’s ruling if that specific case went to court/trial instead of participating in mediation. The process to get to an agreement may take more than one session, which are typically 2 hours in length. Longer sessions are available upon request at the hourly rate.

Why Mediation?

Many people will prefer mediation over going to court/trial simply due to the reduced cost. Hiring lawyers to go through a trial is an expensive and lengthy process, and even then it is the judge making the ultimate decisions. Mediation offers the parties to create and agree upon their own solutions and decisions in a fraction of the time court would take. Mediation is also not quite as “formal” as trial would be, which is something some people prefer. Westhoff Mediation Services, LLC is not associated or affiliated with any Virginia court, therefore there will be no paperwork “turned into a judge.” If an agreement is met and signed in mediation, however, it is a legally binding document and the parties are legally held to what is included in that agreement.

I’m interested in participating in Mediation…now what?

Please visit THIS page to book a free consultation with Westhoff Mediation Services, LLC. There are two types of consultations, depending on the nature of your dispute. One-on-One consultations last roughly 20 minutes and are only between the mediator and one of the potential parties. These consultations are only to get the necessary information the mediator needs to prepare a successful session, there will be no specifics of the dispute discussed without all parties present. Group consultations are between the mediator and all of the potential parties lasting roughly 30 minutes. These consultations are similar to the one-on-one consultations, but with all of the parties and not just one. Details and specifics of your dispute will also not be discussed during the group consultation, only what is necessary for the mediator to prepare.

Following the consultation, WMS will book a two hour (unless longer is requested) session on the day(s) agreed upon with all parties. A $50 deposit is required to secure any single session scheduled, but this deposit will be put towards the overall cost of the mediation. Mediation sessions (and consultations) can be conducted in a few ways: virtually via Zoom or Google Meet, in person at the WMS office, or simply over the phone. Once the deposit is made, the session is secure and you are well on your way to having helpful and healthier conversations!