USING MEDIATION IN
YOUR LAW PRACTICE
Today, potential litigants are
seeking ways to reduce the costs of resolving their differences, and courts are attempting
to eliminate delays and clear crowded dockets.
Clients and courts are increasingly asking lawyers to take cases to mediation.
On July 1, 1993, the Administrative Office of the Virginia Supreme Court began overseeing
certification for court-appointed mediatiors, a process that imposes training and practice
requirements as well as ethical rules. Also effective July 1, 1993, Virginia Code §
8.01-576.4 et seq. authorized Virginia judges to refer any civil case to mediation on
motion by counsel or sua sponte.
SOME BENEFITS OF
MEDIATION
- Mediation greatly increases the chance of an early settlement.
- Use of a mediator allows lawyers to focus more on representing
their clients' interests, and less on managing the negotiation process.
- Mediation is cofidential, low cost, and allows the parties to have
a major role in shaping their own agreement.
- Mediation is non-binding, unless agreement is reached.
- Clients increasingly expect their lawyers to use mediation, and to
use it effectively.
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