Mediation differs from arbitration in that an arbitrator can usually impose a solution on the parties, while a mediator cannot. Mediation is an informal process where two parties sit down with an independent third party. This third party, the mediator, acts as a facilitator to help the parties focus on the issues and create solutions which are acceptable to both sides. The mediator then reduces the agreement to writing and the parties take it to their attorneys for approval before they sign it. Almost any dispute can be resolved by mediation if both parties desire a solution.
Many courts have the option of referring a divorcing couple to mediation.
Mediation is also used in personal injury lawsuits to help reach a settlement quickly without a trial. Virginia law allows almost anyone to act as a mediator. Courts can only refer to mediators who are certified by the Virginia Supreme Court. Mediators can be certified in General Mediation or Family Mediation. A mediator certified in Family Mediation is also certified in General Mediation, since the training required for General Mediation is a subset of the training for Family Mediation.