Partnership Dispute Lawyer Fairfax VA
Our Partnership Dispute Lawyer in Fairfax, VA at May Law, LLP helps guide clients through a mediation resolution process with the goal of avoiding a court case. Mediation is a popular choice for conflict resolution for a number of reasons. Though it is a less formal process than courtroom litigation, there is a framework in place and expectations that are important to understand.
When a member of our team takes on a dispute or divorce case, he or she can explain the process to the client in a way that reflects their circumstances. The persons involved in the mediation process are usually the two parties that are in conflict with one another, commonly divorcing couples, and the mediator acts as a neutral third person.
Mediation to Avoid Litigation
As a divorce lawyer in Fairfax, VA may explain during a consultation, the mediator’s role differs from that of a judge or an arbitrator. Primarily, the mediator’s role is to help the parties that are in conflict determine their mutual goals and work together to come up with solutions that work for all involved. This is different from a judge or arbitrator who determines a solution that is legally binding and not necessarily satisfactory to either party. A mediator does not dictate the resolution or its terms: both parties must come to agreement.
If they cannot come to an agreement, the mediation process will terminate and no changes will occur. The parties will then have to consider litigation or arbitration. A VA Partnership Dispute Lawyer in Fairfax can help clients prepare for the next step in case mediation doesn’t work out as planned.
The Mediation Process
A Fairfax, VA Partnership Dispute Lawyer is available to step into the role of helping resolve conflicts, or to provide legal guidance to a party who is engaged in conflict resolution or divorce. We offer a no-cost initial consultation for those who are considering entering into mediation as an alternative to courtroom litigation which is often far costlier and more time consuming. There are six main stages to the mediation process. They include:
- The mediator provides an introduction. Once all of the parties are present, the mediator will formally introduce everyone to one another. He or she will outline the goals that the parties wish to reach. He or she will also explain the mediation process and the rules that must be followed.
- Each party provides their opening statement. They will have the opportunity to describe how they view the dispute and the hardship it has caused them. They will also have the option of making suggestions about how it may be possible to resolve the conflict. While speaking, no one is permitted to interrupt them.
- The parties enter into a discussion. The mediator may suggest that the parties discuss the content from the opening statements. The options for resolution may also be reviewed.
- The parties enter into separate and private meetings with the mediator. During their meeting with the mediator, the party might choose to discuss their position and the merits of their arguments. This stage is at the core of the mediation process and may take the most time, depending on how the discussions progress.
- The parties enter into joint and direct negotiation.
- The conclusion. If the parties came to an agreement, the mediator may put it in writing. Each party has the option to have the agreement reviewed by their Virginia Partnership Dispute Lawyer.
To learn more about the mediation process, you can request a free consultation with a Partnership Dispute Lawyer in Virginia at May Law, LLP.
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