Mediation is a process to resolve disputes whereby a mediator works with the participants and their counsel to have them find common ground and settle their differences as an alternative to litigation.
What are the advantages of this process?
1) It is far cheaper than litigation.
2) It is far less adversarial.
3) The parties are in control during the mediation as opposed to leaving their fate in the hands of a judge or jury.
4) When a judge (or clerk of court acting as a judge) hears a dispute and makes a ruling, the outcome is usually something entirely different than what the parties themselves can agree upon as a result of mediation; neither party may understand or desire the outcome decided by a judge, and unfortunately the participants are stuck with a ruling that neither would have chosen had they settled the case through mediation.
5) It is far easier to schedule a mediation than it is to secure a court date, especially while the Courts are on a limited schedule during the COVID-19 pandemic.
Although the outcome of mediation may not be something the parties desire (after all the process does involve and require compromise), it is something the participants can live with and is something they have chosen rather than having it chosen for them.
Eugene M. Carr III of Carr, Blackwell & Associates, PC is certified as a mediator in both family law financial matters and cases involving trusts, estates and property division that are before the Clerk of Court. He offers in person mediation for any cases in North Carolina. Those scheduled for his Hendersonville or Brevard office allow the participants to maintain appropriate social distancing; mediations can also be done virtually, although there are advantages to having the parties can gather in person in one building.