All Divorcing Parties Should Have an Attorney.
We believe that all parties involved in a divorce should have an attorney right from the start. Attorneys, not mediators, are the expert legal advisors that clients should rely on to feel comfortable in their settlement decisions. While we believe that most divorcing couples can work out their settlement without litigation, no one should ever sign as important a contract as a Settlement Agreement without first consulting an attorney.
Attorneys are welcome to attend all mediation sessions and their input is often extremely helpful to the parties when they are negotiating the terms of their settlement.
Mediator’s Role in Divorce Settlement
The mediator’s job is to facilitate communication between the parties and to ensure that everyone understands the information upon which they will be basing their settlement agreement.Our role does not include legal advice or recommendations. Instead, the mediator’s role is to help the parties in:
- Learning how to communicate with one another (especially where children are involved).
- Determining the real issues to be resolved (addressing fears and needs).
- Discovering common interests to be protected and promoted.
- Generating options to resolve the disputes.
- Finding opportunities in their particular situation.
- Helping the parties sort through the morass of information that often accompanies a divorce situation.
One-Issue Mediation
Sometimes parties seem to be moving through the settlement process just fine with their attorneys, but they keep getting stuck on a singular issue. In that case, one-issue mediation would be perfect to keep the parties moving along. This is sometimes all it takes to get the ball rolling again.Relevant Statutes from the Code of Virginia
SEC. 20-124.2. Court-ordered custody and visitation arrangements.A. In any case in which custody or visitation of minor children is at issue, whether in a Circuit or District court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in Sec. 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.
Sec. 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 (Sec. 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 Sec. 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 appointment made pursuant to subsection B of Sec. 16.1-267.
General Dispute Resolution statutes: Sec. 8.01-576.4-12; Sec. 8.01-581.21-26
Mediation and Ethics
The Virginia Rules of Professional Conduct require that lawyers understand dispute resolution options and address them with their clients.
