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TRUST AN EXPERIENCED ATTORNEY TO MEDIATE YOUR CASE
Trust us to help you navigate your legal dispute outside of court:
- Complex business disputes/commercial litigation
- Employment disputes
- Landlord-tenant disputes
- Personal injury disputes
- Intellectual property disputes
- Family law disputes
- Pre-litigation mediation
What is mediation?
Mediation is a form of dispute resolution. Mediations are driven by the parties working with a trained professional who guides both sides toward settlement opportunities. Mediations are party driven: the mediator's role is not to decide for the parties. A settlement negotiated through mediation often lasts because both parties see the benefits of resolving the dispute outside of court and reaching a mutually acceptable resolution.
An experienced mediator can help parties examine the strengths and weakness of the respective parties cases, the risks and financial consequences of further litigation, and avoid the uncertainty of the court process and unpredictability of jury verdicts.
Who attends a mediation?
In North Carolina, mediation requires that individual parties must attend, or if the dispute involves a corporate entity, a representative from the company must be present. Such a representative must have authority to resolve the matter on behalf of the company or must be able to communicate promptly with a party who has such settlement authority.
In some cases, representatives of liability insurers must also be present and similarly authorized and prepared to authorize settlement.
Is mediation right for me? Do I have to be involved in a lawsuit to try to mediate my dispute?
Mediations do not always have to involve the courts or expensive lawsuits. If both parties consent to mediation, a dispute can be resolved informally and an agreement reached before stepping foot in the courthouse. "Pre-litigation" mediation can serve as an effective way of resolving disputes and reaching a negotiated settlement without the risk and complexity of the state or federal courts.
Is mediation right for me? Do I have to be involved in a lawsuit to try to mediate my dispute?
Each mediation can be different and adjusted to serve the parties' needs. Our firm provides both sides the opportunity to provide information to the mediator in advance of the scheduled mediation date. We also encourage both sides to share a position summary/statement in advance of the mediation. The contents of any pre-mediation statements or communications are treated as confidential, but each party is made aware that the opposing side provided the mediator information to assure transparency and fair opportunity to make their positions known.
The day of the mediation, we convene in a joint conference (both sides) to discuss the process, rules, and expectations for the mediation. The mediator is bound by confidentiality and no statements made during mediation shall be admissible as evidence.
We provide each side an opportunity to make an opening statement, outlining their general positions and concerns. Then the mediator will adjourn the session and ask each side to convene separate conference rooms. The mediator will then meet with each side to have a candid discussions about the dispute, including strengths and weaknesses, financial considerations, publicity concerns, legal considerations, and any factors unique to the dispute and the parties' respective interests.
When the parties are able to reach a resolution, the settlement will be memorialized in writing. This Memorandum of Settlement should clearly express the key elements and terms of the negotiated settlement. In many cases, parties may opt to include in the agreement the dates by which certain acts, payments, or transactions must occur to provide themselves peace of mind and an enforceable document to rely upon.
Business Counseling and Litigation
Business Counseling and Litigation
Business Counseling and Litigation
- Contract disputes and business torts
- Counseling and entity formation
- Employment disputes
Mediation Services
Business Counseling and Litigation
Business Counseling and Litigation
- Mediator - Certified by the NC Dispute Resolution Commission
- Complex business disputes
- Land use and real property disputes
- Employment disputes
- Pre-litigation mediations
Appellate Advocacy
Business Counseling and Litigation
Appellate Advocacy
- Appellate litigation
- Post-litigation matters