“Commercial and Workplace Mediation”
Frequently Asked Questions about Commercial and Workplace Mediation
How do I know if my situation could benefit from mediation?
Why is mediation recommended to address workplace disputes?
Does a conflict have to be serious to require or benefit from mediation?
What happens during mediation?
Do all parties involved in the dispute/conflict need to be present for mediation to occur?
Will the mediator(s) give me legal advice?
What information do I need to bring?
What happens once we reach an agreement?
What is the NVMS process to enter mediation?.
.
How do I know if my situation could benefit from mediation? 
If direct negotiation has failed, you are uncomfortable contacting the other party, the individuals involved are too invested in the issues to step back for an objective perspective or the conflict seems intractable, mediation can help. Parties must agree to participate in mediation in order for it to be scheduled and indeed for it to be successful. However, our mediators often deal with parties who are skeptical about the process and its potential for success in their situation. Review our “Getting Started” information to submit an Inquiry form or call our office to speak with staff about mediation for your case.
.
Why is mediation recommended to address workplace disputes?
Mediation is a results-oriented process. The goal is to empower individuals to create solutions that work for all parties. Neutral mediators create a safe environment for communication and problem solving, guiding the participants towards dialogue and understanding that create the foundation for agreement. When colleagues find themselves disputing with one another, it reduces productivity and negatively affects other workers. The understanding and communication presented via the mediation process facilitate and model improved office collaboration in addition to addressing the discrete issue bringing parties to mediation. The mediation experience may assist participants with future interactions.
.
Does a conflict have to be serious to require or benefit from mediation?
Mediation can benefit parties who are beginning to enter a path to miscommunication, those with discrete arguments, and those for whom dissolution of the working or professional relationship has become the only solution. It is appropriate at all of these levels as long as the disputing parties are willing to try the process.
.
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 a date arranged to match the disputants’ schedules. 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.
.
Do all parties involved in the dispute/conflict need to be present for mediation to occur?
Yes. The parties directly involved in the dispute will be involved from the start. Mediation requires participation by the primary parties in the case who have authority to make decisions, whether for an individual or a company. The parties and mediator may decide together during the first session that more individuals should be asked to join future sessions as needed.
.
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. NVMS strongly encourages our clients to seek legal advice before entering into a mediation agreement. You may choose to seek this advice from an attorney before starting your mediation session, and/or later may submit to an attorney for review a memorandum of understanding document prepared by the mediator before signing it.
.
How are sessions scheduled?
Our staff work with you to match the schedules of all parties and arrange a mediation session with one of our qualified mediators.
.
Where are sessions scheduled?
Your confirmation letter will contain the location information you need. The mediation space sets the appropriate environment for this confidential and neutral process. NVMS schedules mediations at our office in Fairfax City, just blocks from the Fairfax County Courthouse, and on-site at client locations when requested if appropriate space is available.
.
What information do I need to bring?
No special preparation is needed for the first session. You may bring information you feel will be helpful to discuss and share, such as contracts, performance reviews or notes. During the course of the mediation your mediator(s) may ask you to complete “homework” assignments. This can include such things as collecting additional documents or records in your possession. Much of this information you will be able to gather through an exchange of information that may take place on your own or through the mediation process. You may contact an attorney at any time if you need legal advice regarding how the law might apply to the facts of your situation.
.
What happens once we reach an agreement?
The mediated agreement is your solution. The handling of this document is your decision. Once you reach an agreement you have three options:
- You can have the mediators draft your agreement in the form of a Memorandum of Understanding (MOU). You can then take the MOU to an attorney and have them put it into the appropriate legal format, creating a formal contract or for submission to the court in relation to your court case (when applicable).
- You can draft your agreement using your own language, take it to an attorney for review and then follow the same process above.
- If you are not using your agreement as part of a court proceeding or formal process, you may sign the agreement and/or have it notarized. Such a document implies agreement and may constitute a contract among the parties.
Once you have an agreement, how you use it will depend on where you are in the process of your particular case. A signed, mediated agreement will affect your legal rights. NVMS recommends that parties ask an attorney to review the document before signing a memorandum of understanding.
.
What is the NVMS process to enter mediation?
Thank you for agreeing to try mediation. Your decision is a positive step toward resolving your issues in a safe and productive environment. You are only six steps away from the mediation table!
Step One: Talk to the other person(s). The first thing you will need to do is talk to the other person(s) with whom you would like to mediate. Let them know that this is an option you think would be beneficial in your situation. Offer them the website address so they can research the option for themselves. If you have already done this great! You are ready for the next step.
If you have not done this and feel that the communication between you and the other person(s) is not adequate to have the conversation, you may call the office and request that we contact them to see if they would be interested in mediation.
Step Two: Fill out the inquiry form: Each person who will be involved in the mediation will need to fill out the online intake form and e-mail or fax it. Please make sure that you fill out every applicable portion of the inquiry form. This will help us to process your case effectively.
Step Three: You will receive a call: Once you send us your inquiry form you will be contacted within 24 hours on a business day. At this time, we will collect additional information, assess your fee and begin processing your case.
Step Four: Your initial session will be scheduled: After we have spoken to everyone involved in your case, we will send you an e-mail with scheduling information.
Step Five: Confirm the proposed date and time: When you receive the scheduling e-mail, you MUST respond by confirming the date and time in order for us to actually schedule the appointment. If the proposed information does not work for you, let us know and we will work on some other options.
Step Six: Attend the initial session: Once we have confirmed your appointment, you will receive a confirmation letter with additional information. You are ready to start! We will see you in the scheduled mediation location for your session.