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Why Choose ADR?
Alternative Dispute Resolution options are cost effective, time effective, and confidential. Parties have ownership of the process. It's a win- win outcome v. win-lose outcome.
ADR Terms & DefinitionsAlternative Dispute Resolution (ADR)
Any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. (See Alternative Dispute Resolution | U.S. Department of Labor, Labor Relations https://www.dol.gov .) ADR encompasses mediation, arbitration, negotiation, facilitation, collaborative law, conciliation, arbitration, and ombuds. There are hybrids such as “mediation-arbitration.”
ArbitrationThe process of using an impartial third party, called an arbitrator, to settle a dispute between the parties. Conflict CoachingThe process in which a coach and client communicate one-on-one for the purpose of developing the client's conflict-related understanding, interaction strategies, and interaction skills. (See Jones, T.S., Brinkert, R. 2008. Conflict Coaching: Conflict Management Strategies and Skills for the Individual. Los Angeles, Sage. p. 459.) ConciliationA process in which a neutral facilitates settlement by clarifying issues and serving as an intermediary for negotiations in a manner which is generally more informal and less structured than mediation. (See VA Code § 8.01 576.4.) Early Neutral EvaluationA process in which a neutral is presented with a summary of facts and law by all parties to the conflict and is asked to give an evaluation of their positions, along with an assessment of the likely outcome if the case were to go to trial. FacilitationThe process or set of skills by which a third party attempts to help disputants move toward the resolution of a dispute. It may mean helping the parties set ground rules, goals and agendas for meetings, conducting meetings, helping with communication between the parties, analyzing the situation and possible outcomes, and helping the participants keep on track and working toward mutual goals. (See Snodderly, Dan. 2011 Peace Terms. Washington, DC USIP, p. 37.) Judicial Settlement ConferenceAn informal process in which a person affiliated with the court, trained in mediation and settlement conference skills, actively facilitates a process whereby parties in conflict may reach a mutually satisfactory resolution. (See https://www.vacourts.gov/courtadmin/aoc/djs/programs/jsc/jsc_brochure.html.) LitigationThe process of resolving disputes by filing or answering a complaint through the public court system. (See Legal Information Institute.) MediationA process in which a neutral facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute. (See VA Code § 8.01 576.4.) Different types of mediation are practiced with different goals, procedures, and levels of mediator, attorney and disputant participation. (See https://www.mediate.com/articles/zumeta.cfm for a description of the different types of mediation.) NegotiationThe process of communication and bargaining between parties seeking to arrive at a mutually acceptable outcome on issues of shared concern. The process typically involves compromise and concessions and is designed to result in agreement. (See Snodderly, Dan. 2011. Peace Terms. Washington, DC, USIP, p. 60.) OmbudspersonOne who is affiliated with an organization or business who assists individuals and groups in the resolution of conflicts or concerns through gathering information, research, and investigation. There are different types of ombuds with different roles, functional responsibilities, and standards of practice, including organizational ombuds, classical ombuds, and advocate ombuds. *As created and compiled by the Virginia ADR Coalition on Feb. 16, 2022 | Standards of Conduct for Mediators:
ADR Continuum:
The Mediation Process VideoMediation is an ADR process used to resolve conflict in which people identify what’s important, discuss various options, and determine their own outcomes. A neutral mediator facilitates this conversation in a confidential setting. The following video is a wonderful resource that explains the mediation process: |
Becoming a Mediator in VirginiaThe mediation certification process in Virginia is governed by Dispute Resolution Services in the Office of the Executive Secretary of the Supreme Court of Virginia.Pease visit the Dispute Resolution Services website for comprehensive information about becoming a certified mediator in Virginia. We have included an overview of the process below.
Certification RequirementsIn Virginia, mediators may be certified pursuant to the Guidelines for the Training and Certification of Court-Referred Mediators established by the Judicial Council of Virginia. You must have earned a minimum of a Bachelor's Degree to qualify for certification as a court-referred mediator in Virginia. You may apply for a waiver of this requirement by submitting a letter to Dispute Resolution Services, describing your relevant work and life experience. The letter must be accompanied by a resume and two letters of recommendation that address your oral and written communication skills. Additional information may be requested. If certification is your objective, you should seek a waiver prior to beginning mediation training. Mediators may be certified in four categories: General District Court (GDC), Circuit Court-Civil (CCC), Juvenile and Domestic Relations District Court (J&DR), and Circuit Court-Family (CCF). Some mediators are certified as both general and family mediators. Following is a brief description of the certification requirements. Please see the Guidelines for the Training and Certification of Court-Referred Mediators for a more detailed description of the requirements. General District Court (GDC) certification requires at least 20 hours of Basic Mediation training, a 4-hour course on Virginia's Judicial System, two general mediation observations and three general co-mediations with a certified Mentor. Mediators with GDC certification are qualified to mediate civil cases arising in the General District Court such as contracts, personal injury, employment disputes, small claims, or landlord-tenant disputes. Circuit Court-Civil (CCC) certification requires at least 20 hours of Basic Mediation training, 20 hours of advanced civil training, a 4-hour course on Virginia's Judicial System, two circuit court mediation observations and five circuit court co-mediations with a certified Mentor. Mediators with CCC certification are qualified to mediate civil cases arising in the Circuit Court such as medical malpractice, person injury, contracts, or condemnation. Juvenile and Domestic Relations District Court (J&DR) certification requires at least 20 hours of Basic, 20 hours of Family, a 4-hour course on Virginia's Judicial System, an 8-hour course on Screening for and Dealing with Domestic Abuse in the Mediation Context, two family mediation observations and five family co-mediations with a certified Mentor. Mediators with J&DR certification are qualified to mediate cases arising in the Juvenile and Domestic Relations District Court, such as custody, visitation or support matters. Circuit Court-Family (CCF) certification requires at least 20 hours of Basic, 20 hours of Family, 12 hours of advanced family training, a 4-hour course on Virginia's Judicial System, an 8-hour course on Screening for and Dealing with Domestic Abuse in the Mediation Context, two circuit family mediation observations and five circuit family co-mediations with a certified Mentor. Mediators with CCF certification are qualified to mediate family cases arising in the Circuit Court such as equitable distribution. | Helpful Links
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