North Carolina Certificate of Observation - Mediated Settlement Conference Program
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FAQ
The parties will give the judge some background information about the case so that they can prepare to help resolve the disputed issues. The judge will meet with the attorneys for each side, who will present their positions.However, the judge cannot force the parties to agree to a settlement against their will.
The purpose of the settlement conference is to try to settle a case before the hearing or trial.Settlement conferences are different from mediation in that settlement conferences are usually shorter and typically have fewer roles for participation of the parties or for consideration of non-legal interests.
Informality- In the informal setting of a mediation, there are no formal rules or procedures that have to be followed. Thus, mediators do not have access to a lot of tools to get people to testify or produce evidence to get to the truth of a matter.
It is not the facilitative mediator's role to suggest options for settlement, as the settlement must be one that is determined by the participants themselves. The mediator may seek to get the participants to reflect on and explore their concerns and what they wish to achieve.
If the mediation resulted in a settlement or agreement, once the releases are signed and the payment is made, the lawyers will send a dismissal order to the judge who signs the order. At that point, the legal case is resolved and in most civil cases the parties will not need to return to court.
Costs risk if you unreasonably refuse to mediate You should expect the court to impose costs sanctions if you ignore or unreasonably turn down an invitation to mediate or indeed if you fail to consider mediation at all.
Settlement conferences may be mandatory (required by the court) or voluntary. Regardless of the type of settlement conference, you should prepare by thinking about what you want and the minimum amount you are willing to settle for. Talk about the case with a lawyer and then submit all required paperwork.
Since 1995, North Carolina has made mediation (i.e., mediated settlement conferences) mandatory in all Superior Court actions.Although mediation is less formal than a trial, it is still a legal proceeding guided by rules adopted by the North Carolina Supreme Court and the North Carolina Dispute Resolution Commission.
A mediation or settlement conference is an informal negotiation processyou will not testify under oath or present witnesses. Instead, you and the insurance company will discuss the claim and make settlement offers with the help of a trained, neutral third party (the mediator).
