PRACTICE AREAS
We Want to Know What You Think. Please take our client survey.
Mediation
Mediation is a wonderful tool that is often used before litigation begins as well as at various stages of the litigation process. If the parties in the case have any ability to work out their differences, a knowledgeable third party can be very valuable.
A mediator can be engaged to address specific issues, or they can be engaged to address the entire case. A good mediator will help educate and direct the parties, however, they are not acting as an advocate for either party.
If working with a mediator, you should also retain your own counsel to look out for your interests and review and/or draft any agreement that may be reached. Some mediators will draft formal agreements, others will create a shell document which must be fleshed out. Your attorney will evaluate the agreement reached in light of your interests and the facts and laws pertaining to your case, identify provisions not included that should be included, and will suggest changes to protect your interests or improve the terms.
Can't my attorney just talk to the other attorney?
Yes, and they often do. And if they can work things out to their clients' satisfaction, there is no need for a mediator.
If you act as the mediator, can you also be counsel for one of us?
No, the mediator must be unbiased and that is in conflict with a counsel's role as advocate.
Contact or call us at 703.279.5140 to learn more about Mediation.