Mediation |
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Family Financial Settlement
Child Custody Child Support Parenting Disputes Property Distribution PSS/Alimony Separation Agreement Disputes Alienation of Affection/Criminal Conversation |
Superior Court Mediation
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Arbitration
UM/UIM Construction Contracts |
About Dispute Resolution
What Is Alternative Dispute Resolution?
Alternative dispute resolution, also known as 'ADR' is a group of methods used to resolve legal disputes, outside of the courtroom, usually through one of two forms: mediation or arbitration.
What Is the Difference between Mediation and Arbitration ?
Mediation and Arbitration are the two most commonly practiced forms of alternative dispute resolution. However, they are very different from one another.
The mediation process leaves the decision making in the hands of the parties. It is entirely a “self-determined” process. The trained mediator works with the parties and their attorneys during the mediated settlement conference to explore settlement opportunities, to prompt the parties to meaningfully consider the risk and financial impact of continued litigation and to encourage the parties to contemplate what their best alternative to a negotiated agreement looks like.
Arbitration, on the other hand, involves a single arbitrator or an arbitration panel (usually a panel of three) hearing evidence offered by both parties and rendering a binding, non-appealable ruling. Arbitration is somewhat akin to a mini trial. The parties should expect that arbitration will result in less litigation costs and should save considerable time when compared to a courtroom trial.
What Is Mediation and How Does It work?
The process of mediation takes place at a Mediated Settlement Conference which is an informal meeting attended by attorneys, their clients and other necessary participants. These conferences take place outside of a courtroom (usually at the mediator’s office or an attorney’s office). During the conference the mediator works with the parties and attorneys to reach an agreement (known as a “settlement”) that will resolve the dispute between the parties. By reaching a settlement, the parties can avoid the uncertainty and vagaries of court, the financial burden of continued litigation, and the anxiety and distraction associated with being involved in litigation.
A mediator is a trained and certified professional and is neutral, with no stake in the outcome. Rather than imposing a solution, a professional mediator will work with the parties to cooperatively reach an agreement that is sustainable, voluntary, and binding. Unlike a trial, mediations are not open to the public.
What Are the Benefits of Mediation?
No one wants to be involved in a lawsuit. Litigation is expensive, can disrupt lives, can be anxiety filled and there is no guaranteed outcome if you try your case to a jury or a judge. A mediation provides parties with the opportunity to mutually agree to resolve their dispute (known as a “settlement”). If parties can settle their dispute at mediation the risks of trial are eliminated, litigation and trial costs are minimized and the stress, anxiety and distraction associated with litigation and trial end. The mediation process, even if a settlement is not reached, can assist the parties and attorneys in focusing on case specific issues that may help reduce costs and save time as the litigation moves forward. The parties almost always come out of a mediated settlement conference with a better understanding of their case.
How Does a Dispute Get to Mediation?
Most cases that get mediated are “court ordered” pursuant to North Carolina law and procedure. There are two different types of cases that are ordered to mediation. First, all civil cases pending in Superior Court are ordered to mediation by a presiding Superior Court judge. Second, Family Financial Settlement (“FSS”) cases are also ordered to mediation by a District Court judge.
Both types of cases are ordered to mediation early in the litigation process and the court sets a “mediation deadline”, usually a few months before trial, by which the mediated settlement conference must take place. Sometimes, attorneys and their clients will seek to mediate a case before litigation is started (known as “pre-litigation mediation”). These mediations do not involve the court system (no lawsuit has been filed) and are purely voluntary. Pre-litigation mediation can be beneficial to all involved if the attorneys and parties can share enough information in advance of the mediation such that informed decisions can be made.
Who Must Attend a Mediated Settlement Conference?
Attorneys and all named parties are required to attend. If an insurance company provides coverage to one of the parties, then a representative of the insurance company who has authority to settle, must also attend.
How Long Does a Mediated Settlement Conference Last?
Some cases can be effectively mediated in two or three hours, while others may take a full day or more to meaningfully address the issues. The length of a mediated settlement conference will depend on many factors, such as the number of parties involved in the dispute, the complexities of the issues, and the commitment of the parties and their attorneys to the process.
What is Arbitration and How Does It Work?
Arbitration is a form of alternative dispute resolution where one or more (if more than one it is usually a panel of three) arbitrators hear and consider evidence offered by both parties in a case and, based upon that evidence, render a decision (known as an “Arbitration Award” or “Arbitration Ruling”). Most of the time the decision is “binding” and “non-appealable”. As a general rule, the attorneys and parties are not bound to a strict adherence to the Rules of Evidence, although evidentiary rules will probably be loosely followed. This allows the parties and the attorneys to present their respective cases to the Arbitrator or Arbitration Panel with less expense and less time spent than a trial proceeding. While there is some formality to the arbitration process, it is far less than what parties would experience at a trial.
Where Does the Arbitration Hearing Take Place?
Most Arbitration hearings take place at the arbitrator’s office (or one of the arbitrator’s offices, if being heard by an arbitration panel) or at one of the attorney’s offices. Arbitration hearings can also take place at courthouses, in hotel conference rooms, or anywhere else that can accommodate the participants.
How Does a Case Get to Arbitration?
Many cases that end up in arbitration involve disputes arising out of contractual relationships between parties. These contracts contain Arbitration Clauses that dictate that any dispute between the parties arising out of the contract will be resolved by arbitration. You will see Arbitration Clauses in insurance contracts, in construction contracts, in financial services contracts, and in many other forms of contracts.
Because arbitration is a viable form of alternative dispute resolution that can save considerable time and money, parties and their attorneys will also voluntarily agree to trying the case to an arbitrator or panel of arbitrators.
What Are the Benefits of Arbitration?
Cost Savings and time are the primary benefits. Arbitration, as a dispute resolution technique, is far more efficient than a trial proceeding. It affords the parties and their attorneys the opportunity to have more control over when the case will be heard and decided, and the parties will usually spend less money in preparation for arbitration than for a trial. Lastly, once the case is decided it is “binding” on the parties and is not subject to appeal...also a significant cost savings.
Alternative dispute resolution, also known as 'ADR' is a group of methods used to resolve legal disputes, outside of the courtroom, usually through one of two forms: mediation or arbitration.
What Is the Difference between Mediation and Arbitration ?
Mediation and Arbitration are the two most commonly practiced forms of alternative dispute resolution. However, they are very different from one another.
The mediation process leaves the decision making in the hands of the parties. It is entirely a “self-determined” process. The trained mediator works with the parties and their attorneys during the mediated settlement conference to explore settlement opportunities, to prompt the parties to meaningfully consider the risk and financial impact of continued litigation and to encourage the parties to contemplate what their best alternative to a negotiated agreement looks like.
Arbitration, on the other hand, involves a single arbitrator or an arbitration panel (usually a panel of three) hearing evidence offered by both parties and rendering a binding, non-appealable ruling. Arbitration is somewhat akin to a mini trial. The parties should expect that arbitration will result in less litigation costs and should save considerable time when compared to a courtroom trial.
What Is Mediation and How Does It work?
The process of mediation takes place at a Mediated Settlement Conference which is an informal meeting attended by attorneys, their clients and other necessary participants. These conferences take place outside of a courtroom (usually at the mediator’s office or an attorney’s office). During the conference the mediator works with the parties and attorneys to reach an agreement (known as a “settlement”) that will resolve the dispute between the parties. By reaching a settlement, the parties can avoid the uncertainty and vagaries of court, the financial burden of continued litigation, and the anxiety and distraction associated with being involved in litigation.
A mediator is a trained and certified professional and is neutral, with no stake in the outcome. Rather than imposing a solution, a professional mediator will work with the parties to cooperatively reach an agreement that is sustainable, voluntary, and binding. Unlike a trial, mediations are not open to the public.
What Are the Benefits of Mediation?
No one wants to be involved in a lawsuit. Litigation is expensive, can disrupt lives, can be anxiety filled and there is no guaranteed outcome if you try your case to a jury or a judge. A mediation provides parties with the opportunity to mutually agree to resolve their dispute (known as a “settlement”). If parties can settle their dispute at mediation the risks of trial are eliminated, litigation and trial costs are minimized and the stress, anxiety and distraction associated with litigation and trial end. The mediation process, even if a settlement is not reached, can assist the parties and attorneys in focusing on case specific issues that may help reduce costs and save time as the litigation moves forward. The parties almost always come out of a mediated settlement conference with a better understanding of their case.
How Does a Dispute Get to Mediation?
Most cases that get mediated are “court ordered” pursuant to North Carolina law and procedure. There are two different types of cases that are ordered to mediation. First, all civil cases pending in Superior Court are ordered to mediation by a presiding Superior Court judge. Second, Family Financial Settlement (“FSS”) cases are also ordered to mediation by a District Court judge.
Both types of cases are ordered to mediation early in the litigation process and the court sets a “mediation deadline”, usually a few months before trial, by which the mediated settlement conference must take place. Sometimes, attorneys and their clients will seek to mediate a case before litigation is started (known as “pre-litigation mediation”). These mediations do not involve the court system (no lawsuit has been filed) and are purely voluntary. Pre-litigation mediation can be beneficial to all involved if the attorneys and parties can share enough information in advance of the mediation such that informed decisions can be made.
Who Must Attend a Mediated Settlement Conference?
Attorneys and all named parties are required to attend. If an insurance company provides coverage to one of the parties, then a representative of the insurance company who has authority to settle, must also attend.
How Long Does a Mediated Settlement Conference Last?
Some cases can be effectively mediated in two or three hours, while others may take a full day or more to meaningfully address the issues. The length of a mediated settlement conference will depend on many factors, such as the number of parties involved in the dispute, the complexities of the issues, and the commitment of the parties and their attorneys to the process.
What is Arbitration and How Does It Work?
Arbitration is a form of alternative dispute resolution where one or more (if more than one it is usually a panel of three) arbitrators hear and consider evidence offered by both parties in a case and, based upon that evidence, render a decision (known as an “Arbitration Award” or “Arbitration Ruling”). Most of the time the decision is “binding” and “non-appealable”. As a general rule, the attorneys and parties are not bound to a strict adherence to the Rules of Evidence, although evidentiary rules will probably be loosely followed. This allows the parties and the attorneys to present their respective cases to the Arbitrator or Arbitration Panel with less expense and less time spent than a trial proceeding. While there is some formality to the arbitration process, it is far less than what parties would experience at a trial.
Where Does the Arbitration Hearing Take Place?
Most Arbitration hearings take place at the arbitrator’s office (or one of the arbitrator’s offices, if being heard by an arbitration panel) or at one of the attorney’s offices. Arbitration hearings can also take place at courthouses, in hotel conference rooms, or anywhere else that can accommodate the participants.
How Does a Case Get to Arbitration?
Many cases that end up in arbitration involve disputes arising out of contractual relationships between parties. These contracts contain Arbitration Clauses that dictate that any dispute between the parties arising out of the contract will be resolved by arbitration. You will see Arbitration Clauses in insurance contracts, in construction contracts, in financial services contracts, and in many other forms of contracts.
Because arbitration is a viable form of alternative dispute resolution that can save considerable time and money, parties and their attorneys will also voluntarily agree to trying the case to an arbitrator or panel of arbitrators.
What Are the Benefits of Arbitration?
Cost Savings and time are the primary benefits. Arbitration, as a dispute resolution technique, is far more efficient than a trial proceeding. It affords the parties and their attorneys the opportunity to have more control over when the case will be heard and decided, and the parties will usually spend less money in preparation for arbitration than for a trial. Lastly, once the case is decided it is “binding” on the parties and is not subject to appeal...also a significant cost savings.
