Family Law Mediation: Most Frequently Asked Questions?

Is mediation the same as legal representation?

No. Mediation is not legal representation. When serving as a mediator, the attorney acts as a neutral third party and does not represent either participant. No attorney–client relationship is formed, and the mediator does not provide legal advice.

Can I have an attorney while participating in mediation?

Yes. One or both participants may choose to consult with or be represented by independent legal counsel during mediation. The mediator remains neutral regardless of whether participants have attorneys.

Does the mediator decide who is right or wrong?

No. The mediator does not make decisions, determine fault, or impose outcomes. Any resolution reached through mediation is voluntary and based on the participants’ agreement.

Is mediation confidential?

Mediation is generally confidential, subject to applicable law and the terms of the mediation agreement. Participants will receive information about confidentiality before the mediation begins.

What types of family law matters can be mediated?

Mediation may be used to discuss issues such as divorce, custody and parenting arrangements, child support, spousal support, property division, and post-divorce or post-custody matters. Whether mediation is appropriate depends on the circumstances of each case.

What happens if we reach an agreement?

If participants reach a proposed agreement, they may choose to have it reviewed by independent legal counsel. Any agreement intended to be legally binding or submitted to a court must comply with Virginia law and, where required, receive court approval.

Is mediation required?

No. Mediation is voluntary. Participants may end the process at any time if they believe mediation is no longer appropriate.

If you are interested in learning more about family law mediation, we invite you to contact our office for general information about the process. An initial discussion can help determine whether mediation may be an appropriate option for your situation.

Contact our Virginia divorce & family law attorney to schedule a confidential consultation and learn whether a prenuptial agreement is right for you.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.