How Does Mediation Differ from Legal Litigation?
Conversely, mediation is based on the principle that people can resolve their disagreements with proper support. It is non-adversarial and requires both parties agree to openly share information in a neutral, confidential environment. Mediation is voluntary and either party has the ability to withdraw or not to participate at any time. Mediators are not judges and do not have the authority to determine who is right or wrong. Their role is to simply listen to the details, offer potential resolution options, and assist parties in exploring the benefits of these options.
Who Should Consider Mediation?
Mediation is especially effective when an existing relationship is mutually beneficial and there is incentive to continue that amiable relationship and prevent future disputes. Since mediation is focused on communication and finding a mutually beneficial outcome, as opposed to punishing one party or the other, it makes it easier to walk away from the process feeling positive about the situation. Litigation often leaves disputing parties feeling betrayed and untrustworthy of working with their adversary in the future.
What Occurs during a Mediation Session?
These meetings can occur within a single mediation session or over the course of several meetings and if the mediation is successful, will result in a written agreement between the parties.
How Can I Choose a Mediator?
- It allows parties to feel comfortable with the facilitator.
- It enables parties to choose someone familiar with laws pertaining to their specific dispute.
- It creates a spirit of teamwork right from the beginning, as both parties must agree on the mediator, as well as the time and place for mediation.
To choose an effective North Carolina mediator, disputing parties must consider several things, including:
- Training and experience
- Experience or knowledge in a particular field
- Cost and how a mediator’s fees are divided among the disputing parties to the mediation