Mediation
What is Mediation?
Mediation is a structured, task-oriented process that encourages active participation from all parties involved. When parties find themselves unable to resolve a dispute, mediation serves as a valuable alternative to litigation.
In mediation, the disputing parties collaborate with a neutral third party known as the mediator. The mediator facilitates the resolution of disputes by overseeing the exchange of information and guiding the bargaining process. The role of the mediator includes interpreting concerns, relaying information between parties, framing issues, and defining problems.
When is Mediation Necessary?
Mediation is typically a voluntary process, although certain circumstances may require participation as mandated by statutes, rules, or court orders. Unlike litigation, where a neutral third party (usually a judge) imposes a decision, mediation puts the control in the hands of the parties and their mediator. They decide when and where the mediation takes place, who participates, how the mediation is financed, and the nature of the mediator’s interaction with the parties.
What Happens after Mediation?
If the parties reach a resolution, the attorneys involved will draft a settlement agreement outlining the agreed-upon terms. If no agreement is reached, the parties can explore other avenues to pursue their claims. It’s important to note that mediation may not be suitable for all disputes. Parties seeking vindication of their rights or a determination of fault may find mediation less satisfactory. However, for those looking for a cooperative, flexible, and efficient approach to conflict resolution, mediation often proves to be an effective option.
If you are considering mediation as a means of resolving your dispute, schedule a consultation today to gain a better understanding of the process and its potential benefits for your specific situation.
The Law Group and its network of attorneys can help you in eastern North Carolina and New Hanover, Pender & Brunswick Counties.