Are there alternate dispute resolution options available in small claims court?
Yes, alternate dispute resolution options are available in small claims court in Virginia. These are methods of resolving disagreements without going to court. The two most commonly used methods are mediation and arbitration. Mediation is when two parties meet with a neutral third-party mediator to negotiate and settle the dispute. The mediator helps the parties reach an agreement without a trial. Arbitration is when an independent third party called an arbitrator hears both sides of the dispute and renders a decision that is legally binding. In Virginia, the Court may refer a Small Claims case to arbitration, and parties may also agree to arbitrate their dispute. The advantage of alternative dispute resolution is that it is often faster and less expensive than going to court. Also, the parties have more control over the process and the outcome, which may be more satisfactory to both parties. In Virginia, the Small Claims Court recommends mediation and arbitration as an alternative to court proceedings. The Court provides a listing of approved private mediators and arbitrators. Parties may also use other mediators or arbitrators if they choose.
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