Mediation & Arbitration FAQ's

What is the benefit of Mediation?

What is an attorney’s role in mediation?

Do I have to go to Mediation?

What is the benefit of mediation?

The benefit of mediation is that parties who use the mediation process avoid the time, stress and expense of a court proceeding.  Mediation is oftentimes much less expensive than proceeding through the court system. Mediation also provides the parties with the opportunity to determine the terms and condition under which their specific issues will be resolved as compared to leaving those decisions in the hands of a judge.  Mediation will offer the parties as much control over resolving their case as they can have as once a case is set for litigation, it will be up to a judge to determine what the outcome will be.

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What is an attorney's role in mediation?

An attorney's role in mediation is to advise the client as to what may or may not be reasonable settlement terms under the facts and circumstances of their particular case.  An attorney should have an idea of the potential outcome of the case if the case were to be litigated.  Based on what the attorney may believe the attorney should advise a client as to what may or may not be reasonable settlement under the circumstances.  The attorney should be there to provide as much guidance as the client needs.

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Do I have to go to mediation?

In Mecklenburg County, mediation or alternative dispute resolution (ADR) is required in cases involving child custody and equitable distribution.  In cases involving child custody and equitable distribution, the parties will be required to attend mediation prior to the matter being scheduled for a hearing.  The intent is to provide litigants with an opportunity to resolve issues on their own by mutual agreement before using the Court system.  In many cases, mediation is a successful alternative to appearing before a judge.

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