Mediation
ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution (ADR) encompasses various methods of resolving legal issues without resorting to traditional litigation (i.e., court). These methods are usually more cost effective, expeditious, more amicable than an adversarial trial, and often times yield better results because the parties have more control over the process. Mediation and arbitration are two types of ADR. (Click here to learn more about mediation).
Mediation
Mediation is a dispute resolution process in which a neutral third party, the mediator, assists the parties in trying to reach an agreement. Often times a mediator is an attorney who has extensive experience in family law and who has received special training in mediation. The mediator does not advocate for either party. The mediator’s job is to help parties work out their own agreements by leading the disputants through a structured discussion process, by exploring the parties’ needs and interests, and by helping them formulate specific solutions to resolve the disputed issues. The parties can agree on a mediator and each party’s attorney can be present during the mediation if the parties wish. In Wake County, parties who have filed claims for equitable distribution in the courts are required to attend mediation or some other form of dispute resolution. (Click here to learn about other forms of alternative dispute resolution).
The process of mediation is unique and flexible. The parties can meet with the mediator together, or, if emotions are high, as is typically the case in family law matters, the mediator can meet with each party in private, what is known as “private caucuses” and then communicate back and forth between the parties. The mediator should be free to separate the parties if the mediator believes the mediation will be more productive. Likewise, if the mediator believes that the parties can accomplish more by telling each other their positions, the mediator may elect to have the parties together in one room. The mediator does not make any decisions in the case. The decisionmaking authority is left to the parties. That is one of the most attractive reasons for mediation—the parties maintain control of the process. This doesn’t mean that each party will won’t have to make concessions, but if the parties do reach an agreement, it will be their own settlement, rather than a decision imposed upon them by a judge.
After working with the parties, the mediator believes that the parties simply cannot resolve their disputes, then the mediator will call an “impasse” and the mediation ends. At that point, the parties can continue with the case either through litigation or arbitration.
Linda Ward and Rachel Campbell are both certified by the North Carolina Dispute Resolution Commission as Family Financial Mediators. Each of them is also certified by the North Carolina State Bar as a specialist in Family Law. Ms. Ward and Ms. Campbell limit their practices exclusively to family law matters and have extensive experience in mediation.
Cost: The cost for Linda Ward to conduct a mediation is $200.00 per hour. Ms. Ward also requires payment of a one-time administrative fee of $150.00. The cost for Rachel Campbell to conduct mediation is $150.00 per hour. Ms. Campbell also requires payment of a one-time administrative fee of $150.00. Usually, but not always, the parties agree that they will share equally in the cost of mediation. Ms. Ward and Ms. Campbell usually require an initial deposit to conduct the mediation, of which each party typically pays one-half.
