According to the latest data from the U.S. CDC, the United States has a divorce rate of 2.4 per 1,000 people.

While many divorces go uncontested, others aren’t as smooth and can be rife with emotional tensions. Even if married couples are so unhappy that dissolving their marriage seems to be the only solution, disagreements can still arise during the divorce proceedings, making it difficult, if not impossible, to deal with things objectively. The case becomes more complicated, ultimately leading to a contested divorce.

Enter mediation lawyers, impartial parties whose primary goal is to assist all sides of a dispute in negotiating and achieving resolutions that benefit everyone involved.

But how exactly do Virginia legal mediation experts work to help all parties? What case outcome strategies do they use to reach favorable outcomes?

Join our experts at Kearney, Freeman, Fogarty & Joshi, PLLC, as we share insights into those questions and explore mediation benefits in Virginia in this guide.

1. Remain Neutral While Assisting All Parties Involved

Mediation lawyers (also called mediators, although not all mediators are lawyers) are always neutral. They don’t have a bias or preference for either party in a dispute. Their neutrality is key to a successful mediation, as the absence of preference helps ensure a fair process.

By remaining neutral, mediation lawyers can:

  • Create a fair and inclusive environment where everyone involved feels heard and respected
  • Encourage open communication
  • Foster trust and collaboration

Setting aside their personal beliefs and opinions enables mediation lawyers to be impartial facilitators. As lawyers, they’re legal negotiation experts and will use their skills to help all parties involved in a dispute, not just one side.

However, as neutral parties, mediators cannot provide legal advice; they can only provide information. They must explicitly inform all parties in the dispute about this during the beginning of the mediation session. A mediator’s failure to do so is a misconduct under the Code of Virginia § 8.01-581.21.

2. Facilitate Communication Between Disputing Parties

A lack of communication often contributes to or even causes conflicts in interpersonal relationships and many other situations. Take workplace disputes, for example. As SmallBusiness.Chron.com points out, it can lead to conflicts in the workplace, causing issues like poor performance, low morale, and decreased profits.

In such situations, bringing in an unbiased third party whose job is to listen can encourage all conflicting parties to open up. Here’s how highly experienced and skilled mediators can successfully facilitate communication between parties involved in a dispute.

Active Listening

Mediators pay close attention to all parties’ verbal and nonverbal cues. Through active listening, they can better understand each side’s concerns and underlying issues.

Having a Neutral Stance

In the presence of a neutral third party, all sides in a conflict may feel more empowered to speak up. When they know someone impartial will listen to them, they may feel comfortable expressing their views.

Asking Open-Ended Questions

Mediation lawyers ask open-ended questions to gather information about the dispute and ensure impartiality. They frame questions in a way that doesn’t denote legal advice. Here are some examples:

  • What happened from your perspective?
  • What are your concerns regarding this issue?
  • Can you tell me more about what happened?
  • How do you feel about this situation?
  • What would a fair resolution look like to you?
  • What are your needs in this situation?
  • How did this dispute impact you?
  • What are your thoughts on their (the other parties’) perspective?
  • What would you like to happen to move forward?

Mediation lawyers can help everyone feel heard by asking everyone involved in the conflict those questions. By doing so, all parties will better understand where the others are coming from. It can help uncover potential areas of resolution and agreement.

3. Help Parties Identify Issues They Must Resolve

Problem identification is critical to successful mediation because if the involved parties don’t understand all the issues, they won’t know what needs resolving. Mediation lawyers facilitate communication between the disputing parties and help them identify the problems that led to the conflict in the first place.

Mediators will also summarize key points of the discussion throughout the session. It can help ensure everyone is on the same page and prevent more potential misunderstandings from developing.

4. Encourage Constructive Dialogue

Mediation lawyers help parties reframe the conversation more constructively. They guide everyone to focus on possible solutions instead of past grievances.

Mediators also recognize and manage the involved parties’ intense emotions. They help everyone better control their feelings by acknowledging and reframing statements.

For example, suppose one party in a Virginia divorce case becomes angry and shouts, “They’re untrustworthy!” A mediation lawyer may reframe the statement by saying, “It sounds like you feel concerned about their fulfilling their side of the agreement.” By reframing dialogues, mediators can help reduce emotional outbursts and help the parties involved stay focused.

5. Assist Parties to Reach a Mutual Settlement or Agreement

Ultimately, mediation lawyers aim to help the parties involved in a dispute reach a resolution that benefits everyone. They won’t impose solutions but help the parties identify common grounds and areas of similar interests or goals. They’ll highlight these to help build a stronger foundation for negotiation.

If the parties reach a mutual settlement or agreement, they no longer have to take things to court. So, regardless of the nature of the case (whether it’s about the divorce case itself or other family matters, like alimony or child support), a mediation lawyer can help everyone save time and money. In many cases, they succeed; as VA.Court.Gov points out, at least 60% of cases sent to mediation lead to an agreement.

Let Mediation Lawyers in Virginia Help

Mediation lawyers can be critical in resolving disputes before they escalate and end in court. Because trials are expensive and time-consuming, it’s undoubtedly worth exploring mediation to save time and money.

If you need expert dispute resolution lawyers in Virginia, the mediation attorneys at Kearney, Freeman, Fogarty & Joshi, PLLC, can help. With over 30 years of legal experience helping clients throughout Northern Virginia, we can help you and everyone involved in the dispute achieve more favorable outcomes.

Reach out today to schedule your free initial case consultation.