Mediation In Fairfax Virginia
Brien Roche
Mediation is a means by which a neutral person is chosen by the parties to assist in discussing settlement. Hence the goal is that at the end of the meditation the case will be settled.
Mediation in Fairfax Virginia Has Reduced Local Caseloads
In Fairfax, Virginia a small industry has arisen around mediation of civil cases. There are several groups and persons who do the mediations. Most are composed of retired judges who specialize in mediations.
Many of these retired judges are very skillful in terms of getting cases settled. However the down side of this private mediation process is that these retired judges charge anywhere from $300 to $600 per hour for their services. In addition the mediations can take all day or longer. As a result, private mediation only makes sense if you have a case that has a high value. Call, or contact us for a free consult.
No Fixed Rules
There is no set format as to how the mediation will take place. It takes place at the office of one of the attorneys involved. The mediator presides over the mediation and will set the rules as to how the mediation will proceed. In most cases the mediation begins with the mediator explaining something about the process. She then looks to the attorney for the plaintiff to give an opening statement. This is a chance to explain what the case is about, the nature of the damages claimed and what the plaintiff is looking for as far as a settlement of the case.
Then the defense has the chance to present an opening statement. This is a chance to rebut or counter whatever the plaintiff’s attorney may have said.
Compromise
The spirit of mediation is one of compromise and fair minded give and take. As a result the mediator will encourage the lawyers not to become overly aggressive in terms of whatever they may say in opening statements or elsewhere during the mediation. She will encourage the parties not to be digging their heels in on any one issue. The whole purpose of mediation is to put everything on the table. That way all involved can take a second look at their position. The goal is to allow the parties to come to some compromise that all sides can live with. If the mediation results in a settlement, then most mediators will require that at least a term sheet be signed. This will state the basic terms. In addition a more complete release may be signed later.
Impasse
Sometimes in the course of a mediation, the negotiations may break down. Some of the more skillful mediators will try a couple of different things. One of those things is what is called “bracketing”. That is, imagine that the last demand you’ve made is $1 Million. The last offer that has been made is $500,000. What the mediator may propose is that the parties agree on a bracket with the upper bracket being $850,000 and the lower bracket being $650,000. That means that the plaintiff, by agreeing to that bracket, is agreeing to reduce their demand to $850,000. The defendant, by agreeing to that bracket, is increasing their offer to $650,000. The purpose of the bracket is to hasten the negotiations.
Another tactic that is used frequently in conjunction with bracketing is to keep an eye on the mid-point. In particular if you’re going to move from one bracket to the next, you need to keep your eye on the mid-point.
With the above bracket, the mid-point is $750,000. If the mediator proposes another bracket and the mid-point of that bracket is higher than $750,000, then you know where things are going. In particular with brackets, you need to keep an eye on the mid-point. That tells you whether or not your position is improving or not improving.
Call or contact us for a free consult. Also see other articles dealing with personal injury. Also see the pages on Wikipedia for information on mediation