“Civil Court Mediation”
Frequently Asked Questions about Mediating in Court
What happens during mediation?
Do both parties need to appear in court for mediation to occur?
What if the other party in my case does not show up in court?
What is the role of the Judge in mediation referral?
What is a pro se court case?
What are the procedures for seeking mediation in my court?
What happens if the Judge refers us to mediation, but one or both of us choose not to proceed with the process?
What if I would like to mediate in a court not listed above?
Is mediation effective?
What are the possible outcomes of a mediation session in court?
What happens if we reach a mediated agreement, but the other party doesn’t uphold his/her end of the bargain?
What are the benefits of court mediation for a plaintiff?
What are the benefits of court mediation for a defendant?
Will the mediator(s) give me legal advice?
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What happens during mediation? 
You will have a confidential meeting with a mediator and the opposing party to form an agreement resolving your case on your court date. Each party will have the opportunity to share their experience regarding the dispute. The mediator will help parties identify the primary issues as necessary and assist parties in forming a plan to resolve the dispute. A mediated agreement may include monetary compensation, payment plans, exchanges of goods and services and other provisions. The court offers official avenues to pursue if one or both parties fail to comply with a signed agreement.
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Do both parties need to appear in court for mediation to occur?
Yes. Mediation requires participation by the primary parties in the case who have authority to make decisions, whether for an individual or a company.
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What if the other party in my case does not show up in court?
If the second party does not appear in court, the Judge will handle your case.
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What is the role of the Judge in mediation referral?
The Judges understand that parties with a mediated agreement typically leave the courthouse more satisfied than those who have received a trial, so please speak up if you are interested in mediation. Some Judges will ask parties if they are interested in mediating their case. Additionally, you are welcome to request mediation when the Judge calls your name.
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What is a pro se court case?
Pro se refers to litigants who are not represented in court by an attorney. All Small Claims cases in Virginia are pro se: individuals present their case directly to the Judge or participate in mediation.
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What are the procedures for seeking mediation in my court?
- Fairfax Small Claims Court: A Mediation Coordinator will give an introduction before the 9:30am court starting time. You may request mediation from the coordinator at this time. If both parties in a case are present and interested in mediation, they may begin the process immediately. If the second party is not present in the courtroom but arrives later, the parties may request mediation again when the Judge calls their names from the bench.
You will have a second opportunity to offer your interest in the process. When the Judge calls your name/company name, you may request mediation if both parties are present. - Fairfax County General District Court: A mediator should be present in court on both your first return and trial dates. The Judge may announce the option of mediation, emphasizing the use of the process for pro se cases. You may also request mediation when the Judge calls your name/company name. Alternatively, watch for the mediator to enter the courtroom. You may approach the mediator during court to request mediation. In order to discuss the option, you and the mediator will step out into the hallway, since talking is not allowed in the courtroom. He/She will wear a “Mediator” badge with the Northern Virginia Mediation Service name and logo and typically sit in the front row of benches in the courtroom.
- Loudoun County Small Claims Court: The Judges in this court refer disputed cases directly to mediation when both parties are present in court.
- Loudoun County General District Court: Some Judges in this court refer disputed cases directly to mediation when both parties are present in court and the case is pro se. You may also request mediation when the Judge calls your name/company name.
- Arlington County Small Claims Court: The Judges in this court refer disputed cases directly to mediation when both parties are present in court.
- City of Falls Church Small Claims Court: The Judges in this court refer disputed cases directly to mediation when both parties are present in court.
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What happens if the Judge refers us to mediation, but one or both of us choose not to proceed with the process?
When a Judge refers you to mediation, you are required to attend only the orientation portion of the session, when the mediator describes the process, confidentiality guidelines, agreement to mediate and questions. If you are not interested in pursuing mediation after the orientation/introduction, please tell the mediator before allowing the session to proceed. As long as both parties are willing to participate in mediation, the session will continue.
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What if I would like to mediate in a court not listed above?
Northern Virginia Mediation Service mediates other cases in our office. If you are interested in mediating your court case before your court date or in a court not listed above, visit the Commercial & Workplace Mediation page of our website for more information on scheduling a mediation outside the court setting.
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Is mediation effective?
Court mediation results in agreements in approximately 65% of the cases. Those who do not reach agreement still benefit from the process by understanding their case better in preparation for trial after discussions held during the mediation session.
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What are the possible outcomes of a mediation session in court?
- Agreement and Continuance: The parties reach an agreement and request that the court set a later trial date to allow them time to complete the actions detailed in the agreement. If one or both parties fail to complete the terms of the agreement, the plaintiff may attend court on the new trial date in order to request a judgment to enforce the agreement. If both parties comply with the terms, there is no need to attend court on this second date. You may choose to fill out a praecipe form at the courthouse civil clerk’s office to notify the court that you do not need a hearing on that date.
- Agreement and Dismissal without Prejudice: The court closes your case based upon the agreement. If problems arise with the completion of agreement terms, the plaintiff may reopen the same court case with the clerk’s office to return to court for enforcement.
- Agreement and Dismissal with Prejudice: The court closes your case based upon the agreement. You may not reopen the same case in court at a later date.
- Consent Judgment: The parties agree upon an amount owed by one party to the other and request that the court enter a judgment against the owing party with his/her consent. The plaintiff may pursue collections processes. A consent judgment may appear on the defendant’s credit report.
- No Agreement: The parties were unable to reach an agreement in mediation. You will return to the courtroom for a trial on the same day in Small Claims Court, or on your scheduled trial date in General District Court.
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What happens if we reach a mediated agreement, but the other party doesn’t uphold his/her end of the bargain?
There are official avenues to pursue if a party fails to comply with a signed, mediated agreement. The agreement is seen as a contract by the courts and you may pursue enforcement via different methods depending upon how your mediated agreement was posted with the court. See the above section on the possible outcomes of a mediation session in court.
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What are the benefits of court mediation for a plaintiff?
The plaintiff, or suing party, may gain several benefits from participation in mediation:
- Opportunity to resolve your dispute with confidentiality and personal involvement in the decision-making process;
- Opportunity to arrange for monetary exchange, goods & services, and other terms not available in a Judge’s decision;
- Opportunity to create a payment plan for the receipt of funds rather than pursuing the lengthy and involved collections processes that may follow receipt of a judgment against a debtor party.
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What are the benefits of court mediation for a defendant?
The defendant, or party answering a claim and court summons, may gain several benefits from participation in mediation:
- Opportunity to resolve your dispute with confidentiality and personal involvement in the decision-making process;
- Opportunity to arrange for monetary exchange, goods & services, and other terms not available in a Judge’s decision;
- Opportunity to avoid judgment on your credit report (mediated agreements do not appear the same way).
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Will the mediator(s) give me legal advice?
No. The Commonwealth of Virginia strictly forbids mediators from giving legal advice to parties in mediation while acting as their mediator. This supports neutrality and fairness in the facilitation of your case.
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