Mediation FAQS

Quickly find the answers you’re looking for as it pertains to Mediation in North Carolina.

Top Question
How is mediation initiated?

What is an attorney’s role in collaborative law?

What is an attorney’s role in collaborative law?

Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that the attorneys hired are there for the purpose of negotiating a settlement and to prevent going to court. If a couple ever decides to litigate, they must hire new attorneys.


What is an attorney’s role in arbitration?

What is an attorney’s role in arbitration?

Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal trial so your attorney can help you prepare for as well as represent you during this “trial.”


What is the attorney’s role in mediation?

What is the attorney’s role in mediation?

Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal trial so your attorney can help you prepare for as well as represent you during this “trial.”


How is mediation initiated?

How is mediation initiated?

Couples can agree to mediate their case at any point; however, in many states, mediation is required by the court after a lawsuit has been filed. For example, North Carolina requires couples to attend mediation before a trial on child custody or equitable distribution.


What is the goal of collaborative law?

What is the goal of collaborative law?

Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that the attorneys hired are there for the purpose of negotiating a settlement and to prevent going to court. If a couple ever decides to litigate, they must hire new attorneys.


Is the arbitrated decision binding?

Is the arbitrated decision binding?

Unless agreed otherwise by the participants, the decision is binding and will become a court order. You can always request the order to be vacated, modified, or corrected if the decision fails to meet certain criteria.


What if my case isn’t resolved through mediation?

What if my case isn’t resolved through mediation?

If already in litigation, you and your attorney will continue negotiation as well as prepare for trial. If working on a mediated agreement, you can try other alternatives, such as arbitration or collaborative law, or you can file a lawsuit.



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