Q&A about Mediation

Q&A about Mediation

• What are the benefits of mediation? Mediation is less expensive that litigation, puts the decisionmaking in the hands of the parties and can be a productive means to resolve a dispute when attorney negotiations are getting you nowhere.
   
• What issues can be mediated? Equitable distribution (the division of property and debt), custody and visitation, child support, and spousal support are all issues that can be addressed in mediation.
   
• Why should I participate in mediation if it is not binding? Although no party is required to reach an agreement in mediation, if an agreement can be reached it often saves both parties the expense and time that is required for a trial. At the same time, mediation gives each party the opportunity to address the matters that are most important to them and to reach decisions based on what they believe to be in their own (or their children’s) best interests. Additionally, parties are sometimes able to reach decisions on part of the issues through mediation, which can narrow the matters to be tried by a judge. This can save thousands of dollars in attorney’s fees.
   
• What is a typical mediation session like? Participants meet in the mediator’s office for sessions lasting approximately two hours. Longer or shorter sessions may be necessary, depending on the issues, and the parties’ schedules.
   
• How long does a mediation session last? The amount of time varies depending on the progress being made at the mediation, the complexity of the issues in dispute, along with many other factors that make the duration of mediation very difficult to predict. As a general rule, most couples resolve matters in four to six sessions; however, more (or fewer) sessions may be needed in your particular situation.
   
• Do I have to have an attorney to participate in mediation? No. However, it is important to understand that the mediator cannot give either party legal advice. It is very important either to have your attorney present at the mediation or review any agreements from mediation with your attorney prior to finalizing the agreement. During the mediation process, your attorney can advise you of your legal rights, discuss with you what settlement options are in your best interest, help you strategize on ways to negotiate or reach the settlement that you want.
   
• I am not sure if I should participate in mediation. How do I know if mediation is right for my case? Mediation is not a panacea, and will not work in every case. However, most cases can be resolved in mediation if both parties have reasonable expectations and are willing to make some concessions in order to resolve the case. It is best to discuss your concerns about mediation with an attorney who can help you decide if mediation is appropriate in your case.
   

Visit www.ncdrc.org to learn more about mediation in North Carolina.