Mediation is a process in which the mediator 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. The mediator seeks to assist the parties in reaching their own self determined resolution. A mediator is not a judge and will not render an opinion as to the proper legal result of a case.
Mediation can be used to resolve a claim or conflict between the parties at any point in the life of the claim, whether it occurs prior to the filing of a more formal court or arbitration process or a month before trial.
Christopher Hill became a Virginia Supreme Court Certified General District Court mediator after successfully serving as counsel to numerous clients using this process to resolve construction and other commercial disputes. During his years as a construction counselor and litigator, he found that mediation allowed the parties to make business focused decisions and allowed them flexibility to achieve results unavailable to them in court.
Based upon this experience, Chris participated in and completed the training and certification process to become a Virginia Supreme Court Certified General District Court mediator. While continuing his construction law counseling and litigation practice, Chris now also works as a mediator, when requested, to assist parties to resolve their construction and commercial disputes. He uses his experience as a Virginia construction lawyer to give the parties insight into their disputes and allow them to reach a negotiated decision short of a judgment rendered through the litigation or arbitration process. For more of Chris’ thoughts on construction mediation and alternate dispute resolution in general, please refer to the ADR page at his Construction Law Musings blog.