Arbitration and Mediation

 

Several alternatives to traditional court proceedings have gained popularity in recent years as more people have sought to avoid the costs and delays often associated with the court system. One of these alternatives is mediation. In mediation, a mediator meets with the parties and their attorneys and facilitates negotiations. A mediator does not make any decisions for the parties and cannot order the parties to do anything. A mediator’s primary role is to help the parties sort out their disputes and arrive at an agreement. Our attorneys are North Carolina Dispute Resolution Commission (NCDRC) certified family financial mediators.

In arbitration an arbitrator decides the issues between the parties. Unlike mediation, the arbitrator makes the decision for the parties. The arbitrator is presented with evidence from each side and enters an arbitration award after considering each party’s position and evidence.

Collaborative law is another alternative to court. The parties and their attorneys enter into a contract to use collaborative law to resolve the issues arising from their separation. Each party agrees to make a full disclosure of all relevant issues and to provide all pertinent information. The parties and their attorneys have four-way meetings to work through the process. If they are not able to resolve all of the issues, the parties might agree to use mediation or arbitration. Our attorneys have training in the collaborative process.

 

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