Protecting Property & People

North Carolina Superior Court Mediation

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This website is designed for general information only. The information you obtain at this site is not, nor is it intended to be, legal advice and does not form an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, please do not send any confidential information to us until such time as we have agreed that an attorney-client relationship has been established. Practice Limited to North Carolina.
Copyright 2014, Jeffrey T. O'Briant

What do I bring to mediation?

  • #1 Yourself.  Your physical attendance is key.  There is no substitute.  Sending a person for you or calling in by phone does not really enable you to actively participate.  Consequently, we will expect you to attend pursuant to NC General Statute 7A-38.1(f).

  • Listening skills.  Listen first, talk second.

  • Resolution Oriented.  A  strong desire to take control of your case.

  • Open Mind. Bring creative ideas to the mediation table and be open to the ideas of others. Be ready to put the past behind you and to find ways to form effective solutions that will bring your case to a controlled resolution.

What is mediation?

Mediation in NC is a structured settlement conference where all of the parties with authority to settle or resolve the case attend and focus solely on the possibility of settlement.  First, both sides state their case and view of the facts.  Next, we work through and discuss strengths and weaknesses of both parties' cases and what they are each willing to do in order to settle the case.  While this is mandatory for all NC Superior Court cases, reaching settlement is not required and the impartial mediator trained in negotiation is there to facilitate the best chance at resolution

Compare this model to arbitration, where parties argue their case to an impartial arbitrator that makes a decision on the case that may or may not be binding on the parties.  In mediation, the litigating parties are the ones that structure and agree on the settlement.  Unlike arbitration, the mediator does not decide the case.