About Mediation

Mediation is facilitated negotiation.  It is the process by which a neutral third-party, the mediator,  assists disputing parties in reaching a mutually satisfactory resolution.  It is collaborative as opposed to adversarial, and encourages parties to communicate more openly and directly.  Mediation has an excellent success rate.  

 

Mediation is informal, confidential, flexible, and more affordable.  It generally results in more satisfactory resolution of conflict.  When people mediate, they maintain greater control over the outcome, as they arrive at a mutually acceptable resolution.  This result is almost always better than turning the matter over to a third-party judge or jury, who may, or may not, have the same best interests in mind.   

 

Litigation is generally more costly and protracted — not to mention more stressful and emotionally draining.  Mediation on the other hand is a voluntary and cooperative process, where the parties themselves explore and arrive at settlement solutions with the facilitative assistance of the mediator.  It is particularly useful when parties must maintain a continuing relationship — whether personal or professional (i.e. parenting, business partner, family member, etc.).  Mediation is particularly amenable in the following contexts:

 

Family Law Mediation

Small Business and Contract Mediation

Real Estate Mediation

Employment Mediation

Probate and Estate Mediation

​

Family Law

 

West Virginia law requires that parents of minor children have a Parenting Plan in all divorce cases, and if parents are unable to agree, the law requires the Family Court to determine if mediation may help.  A Family Court Premediation Screener may direct parents to mediation, and the West Virginia Family Court Rules provide detailed guidance on the use of mediation to resolve family and parenting conflict.

​

Court-directed family Mediation is normally based on a sliding fee scale — adjusted for the family gross income.  These reduced rates tend to be more affordable, and in some limited cases, may actually be covered by the Family Court.  Inquire of the Family Court Coordinator concerning your qualification for these reduced rates.

 

 

Business Mediation

 

Business owners and entrepreneurs invariably experience contract or business disputes that sometimes jeopardize their continuing viability.  Mediation offers tremendous advantages to help businesses overcome these disputes — in a more cost-effective, timely, and efficient manner.  Securing an effective resolution allows businesses to move forward — a result most business owners prefer.

 

 

Real Estate Mediation

 

Real estate disputes can sometimes be difficult to resolve for a number of reasons.  Home ownership, for example, often involves an emotional connection that can cause some to have strong responses.  Real estate is also a major investment, and when large sums are involved, conflict can sometimes heighten.  Mediation allows people to solve conflict rather than fight over it, and is particularly successful on the following real estate issues:

 

• Property Line Disputes

• Contract Disputes

• Development Disputes

• Construction Disputes

• Commercial Leases

• Landlord/Tenant Disputes

• Easements

• Mineral/Energy Rights

 

 

Workplace Mediation

 

Conflict in the workplace is common - and rarely helpful.  Mediation is particularly useful in employment situations and can greatly facilitate working relations, essential to workplace success.  Effective and timely resolution of employment disputes is a logical business decision; one that works for both management and their employees alike.

​

​

Probate and Estate Mediation

 

Disputes among family members and other heirs can be particularly difficult.  Conflict can arise during the probate or administration of an estate and can create deep divide among family.  While common, such conflict can weigh heavily on family members, and often results in great strain at the very time members are still grieving the passing of a loved one.  It is difficult to overstate how these emotions can overwhelm a person’s ability to resolve a dispute.  Mediation can create a successful resolution.  

 

 

We Also Offer Skilled Legal Representation

 

If and when mediation cannot resolve a particular dispute, having effective legal representation can be critical.  We offer skilled trial and appellate litigation in all courts throughout West Virginia, and litigate to help you secure the best result possible outcome.