Mediation is a different way to resolve disputes that arise, rather than taking those disputes to court. Mediation is used in many different kinds of cases in the state of North Carolina and can be successful in many situations as long as you have a qualified mediator. The North Carolina Academy of Superior Court Mediators is a group of trained mediators throughout the state with experience in helping to resolve civil and commercial disputes.
Mediation is very commonly used in situations where parties involved in a disagreement will need to continue to interact once the disagreement has been resolved. An example might include a couple who is divorcing and trying to work out a custody arrangement, or a situation where business partners disagree on a course of action for the company but will still need to work together.
Mediation is preferable in cases where relationships must be preserved because mediation is not adversarial but is instead cooperative. Mediation also doesn’t involve someone winning and someone else losing, as is common in litigation. Instead, the goal is for the parties with the disagreement to work within the mediation to reach a compromise solution. This can result in all parties being happier with the outcome. Mediation can be also more cost effective than a full court proceeding, saving the disagreeing parties money.
Although there are benefits, it is also important to understand the limitations of mediation. A mediator does not have the same powers of a judge to compel the exchange of information or to hold uncooperative parties in contempt. Mediators also don’t make decisions or issue binding rulings; the mediator simply helps the parties who are in a disagreement to come to a consensus.
If you are interested in mediation as a means of resolving your legal issues, contact a Charlotte attorney with experience representing clients during mediation.