Civil Mediation

A quick and affordable way to reach a settlement in civil disputes.

Civil mediation is a process by which a professionally trained mediator aids in negotiation between parties in dispute. Civil mediation is a fast and affordable way to reach a settlement rather than engaging in expensive and time-consuming legal proceedings. In some cases, civil mediation can be over in less than a day depending on the complexity of the dispute.

If you are considering mediation to handle a disagreement of your own, here are some important facts and benefits you need to know.

Considering The Benefits of Civil Mediation

The job of the mediator is to help facilitate a discussion between the involved parties which encourages understanding and acknowledgment of each other’s interests. Mediators also help remind the parties engaged in the dispute that pragmatic reasons for finding a resolution can sometimes be just as important as the issue of the debate itself.

In many cases of dispute, mediators aid the parties in understanding that although they are in disagreement there are usually shared motivations and interests. By identifying these shared interests, a mediator then has the ability to create a strategy towards resolution.

Examples of shared interests and concerns:

  • Losing in a court of law
  • Maintaining good standing into the future
  • Quick resolution
  • Reputation
  • Low cost
  • Aversion to the courtroom experience
  • Conflict reduction

Regardless if you are currently in a dispute or hoping to resolve one, one should always consider the practical reasons for avoiding a disagreement in a courtroom setting.

How A Mediator Works

Mediators are neutral and unlike lawyers, are essentially only there to assist with the negotiation process. They ensure the necessary information is obtained and that both party’s interests are heard and that the goals of resolution are established. Mediators never impose decisions themselves, but rather guide the involved parties to develop them on their own terms. A core function of the mediation process is to empower the mutual parties by fostering open lines of communication.

A mediator may suggest seeking advice or clarification from family, friends, other involved or professional third parties during the mediation process. To guarantee that things are clearly understood, a mediator may suggest the parties consult with their attorney or accountant before decisions are made. Ultimately, no documents or settlements will be signed until each party feels that the dispute has been resolved in a satisfactory manner.

Knowing When To Hire A Mediator

Just like most legal matters, disputes have their own unique subjects, motivations, and context. With this in mind, understanding your options for bringing your particular type of disagreement to resolution is important to the process when considering mediation.

Inadequate Mutual Understanding

When one or both parties engaged in a dispute are unable to recognize the issues created by the disagreement, mediation can be very helpful. A mediator is a neutral third-party and their point of view of the situation can many times help the parties see things through a different set of eyes. The inability to see the dispute in a realistic way is, in most cases, the barrier keeping a dispute from reaching a resolution.

Maintaining A Positive Relationship

When the parties engaged in a dispute have vested interest in future relations, be them business partners, family, or friends, it is important to bring the issue to resolution as quickly and painless as possible. Mediation creates a vehicle to cut back on emotional conflict which increases the chances of preserving a positive future relationship.

Communication Issues

If one or both parties have reached a point where logical conversation surrounding the dispute proves difficult due to elevated emotional distress or anger, a mediator can many times help establish an environment where a civil and constructive conversation would otherwise not be possible.

Family Mediation

Family law mediation is a process used to avoid expensive lawsuits and court intervention pertaining to child custody, divorce, family law and relocation issues.  Family law mediation is an excellent way to solve issues that arise before filing for divorce when...

Mediation

Mediation refers to a form of Alternative Dispute Resolution (ADR) in which people can meet with a neutral, certified third-party in an effort to settle a dispute.  A mediator does not make a decision for the parties at mediation – a mediator facilitates discussion...

Things To Consider For Grandparents Or Relatives When Seeking Custody Of A Child

Things To Consider For Grandparents Or Relatives When Seeking Custody Of A Child If you are a relative or grandparent of a child in West Virginia and are considering seeking custody, there are many important factors to keep in mind. To make sure you...

Knowing When An Auto Accident Requires Legal Counsel

Every year in West Virginia thousands of people find themselves in auto accidents severe enough to create enduring financial and physical effects. Car crash victims who are less than half at fault in an accident have the right under state law to pursue...

Adopting A Child In West Virginia

Adopting A Child In West Virginia Whether you’re a family hoping to adopt or are simply looking for information to better understand the process, check out this handy guide for adopting in West Virginia. West Virginia Adoption Laws To be considered for eligibility a...

Understanding Statute of Limitations in West Virginia

Understanding Statute of Limitations in West Virginia The legal term, statute of limitations, is defined as the time allowed by law for filing a lawsuit against an individual and is applicable to both civil and criminal suits.  In most cases, the state is...

4 Important Tips To Keep In Mind When Preparing A Will

What to Consider When Preparing a Will One of the best parts of modern life is that people are living longer and longer. However true this statement may be it is no less important to have your affairs in order in the case something happens, which means...

Things to Know About Pursuing Power of Attorney in WV

There’s much more to caregiving than just looking after a relative or loved one’s health. Unfortunately, the further one gets into the caregiver role the more this realization presents itself. Anyone with a parent suffering from dementia or similar degenerative...

Pineville Municipal Water Company Class Action Lawsuit

Class Action Suit Affecting All Residents Of Pineville, WV Taylor & Hinkle Attorneys at Law, and The Law Office of Stephen P. New have jointly filed a class action lawsuit. If you or anyone you know are residents of Pineville, WV - and have suffered from adverse...

Who Pays Medical Bills While My Auto Accident Claim Proceeds?

Collecting Med-Pay After An Auto Accident Far too often in West Virginia victims of automobile accidents are unaware that in some cases an additional form of compensation is available through their pre-existing insurance policy. This underutilized policy add-on is...

Things To Consider For Grandparents Or Relatives When Seeking Custody Of A Child

Things To Consider For Grandparents Or Relatives When Seeking Custody Of A Child If you are a relative or grandparent of a child in West Virginia and are considering seeking custody, there are many important factors to keep in mind. To make sure you...

Knowing When An Auto Accident Requires Legal Counsel

Every year in West Virginia thousands of people find themselves in auto accidents severe enough to create enduring financial and physical effects. Car crash victims who are less than half at fault in an accident have the right under state law to pursue...

Adopting A Child In West Virginia

Adopting A Child In West Virginia Whether you’re a family hoping to adopt or are simply looking for information to better understand the process, check out this handy guide for adopting in West Virginia. West Virginia Adoption Laws To be considered for eligibility a...

Understanding Statute of Limitations in West Virginia

Understanding Statute of Limitations in West Virginia The legal term, statute of limitations, is defined as the time allowed by law for filing a lawsuit against an individual and is applicable to both civil and criminal suits.  In most cases, the state is...

4 Important Tips To Keep In Mind When Preparing A Will

What to Consider When Preparing a Will One of the best parts of modern life is that people are living longer and longer. However true this statement may be it is no less important to have your affairs in order in the case something happens, which means...

Things to Know About Pursuing Power of Attorney in WV

There’s much more to caregiving than just looking after a relative or loved one’s health. Unfortunately, the further one gets into the caregiver role the more this realization presents itself. Anyone with a parent suffering from dementia or similar degenerative...

Pineville Municipal Water Company Class Action Lawsuit

Class Action Suit Affecting All Residents Of Pineville, WV Taylor & Hinkle Attorneys at Law, and The Law Office of Stephen P. New have jointly filed a class action lawsuit. If you or anyone you know are residents of Pineville, WV - and have suffered from adverse...

Who Pays Medical Bills While My Auto Accident Claim Proceeds?

Collecting Med-Pay After An Auto Accident Far too often in West Virginia victims of automobile accidents are unaware that in some cases an additional form of compensation is available through their pre-existing insurance policy. This underutilized policy add-on is...

Understanding West Virginia’s Child Seat Safety Laws

Whether you're a new parent or have a handful of little ones, it's critical to guarantee you're up to date and abiding by West Virginia's child seat safety laws. Although not complex, there are several elements of the law that you should know by heart and also might...

Kanawha Valley Water Crisis Settlement

Judge Approves Settlement for Kanawha Valley Residents U.S. District Judge John T. Copenhaver Jr. granted approval of a $151 million settlement in the class action lawsuit stemming from the Kanawha Valley water crisis in January of 2014. Thus far there...
Share This