North Carolina Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Word; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Keys to a Successful Mediation A Positive State of Mind. The parties should enter the mediation process with the idea that the case can be settled. ... Good Faith. ... Adequate Authority. ... Flexibility. ... Patience. ... Realistic Expectations. ... Preparation. ... Willingness to Listen and Heed.

A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication. The intervention of a third party is likely to change the dynamics of the interaction of the disputants.

(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.

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

In conflict management, or any kind of mediation exercise, there are three principle decision models: Capitulation, Compromise, and Collaboration (the 5C version also lists Consensus and Co-existence, but in my experience, both can be achieved through any of the original three options).

Mediation is used to resolve disagreements around workplace relationships rather than other disputes, such as pay or issues related to dismissal or conduct. You can use mediation to resolve: bullying and harassment. communication problems.

Mediation is available in most civil cases. Some nonviolent criminal cases, like those involving verbal harassment, can also be resolved through mediation. Claims not involving a clear legal issue are also good candidates for mediation.

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.

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North Carolina Motion to Refer Case to Mediation