Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
North Carolina Motion By Plaintiff to Refer Cause to Mediation
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US-01006BG
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You are not required to reach an agreement at mediation. If you do not agree on a settlement, you are not bound by the terms you discussed during negotiations. Whether or not you settle your case, the mediator is required to keep statements made in mediation confidential.
(5) Motion to Dispense with Mediation. A named party, interested person, or fiduciary may move the clerk to dispense with a mediation ordered by the clerk. The motion shall state the reasons that relief is sought and shall be served on all persons ordered to attend the mediation and the mediator.
Mediation (typically) is not held at a courthouse. Rather, the litigants usually elect to meet at a neutral location, or one side will offer to host at his attorneys' office. Importantly, the litigants and their attorneys must be present at the mediation conference, unless the participants agree otherwise.
Until a lawsuit for custody or equitable distribution is filed, mediation is not required in North Carolina. However, that does not mean that if you and your spouse are separating that you cannot choose to participate in private mediation on a voluntary basis.
Don't use profanity: Avoid profanities because they can offend the other party. If the other party finds your language offensive, it could damage your relationship, making it challenging to resolve. Therefore, you should never use derogatory language during mediation.
How long can mediation take? Mediation can continue as long as the needs of the individual parties involved are met. The first meeting lasts about 45 minutes. Full mediation sessions are typically 1 to 2 hours long, depending on the complexity of the situation.
Generally, it is $250 per hour which is shared between each party so individually you would be paying $125 per hour. There is a one-time administrative fee of $300 ($150 each party). A range of $2-3,000 per party is the average total cost. How long does mediation take?