North Carolina Mediation Agreement
Description
How to fill out Mediation Agreement?
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FAQ
Settlement: The Agreement is binding If a party tries to wiggle out of a Mediation Settlement Agreement, the Settlement Agreement will likely be enforced by the Court and sanctions may be entered against the party trying to get out of the agreement reached at mediation.
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
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.
The mediation might be enforceable only if the agreement contains an express clause stating that the mediation will be enforceable in a court of law. On the other hand, the mediation might generally be enforceable unless the parties expressly agree that it not be enforceable.
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.
You will have to pay a lawyer and ½ of the mediator's fee. The rates for the mediator in Wake County run from $175-$350/hour, and there is typically an administrative fee of $200-$250.
The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.
