North Carolina Designation of Mediator in Matter Before Clerk of Superior Court

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.

Mediation is a process where a neutral and independent person (a mediator) helps the parties in a dispute to reach their own solution.If the parties resolve their dispute at the mediation, they may make a written agreement and have orders made by the Court to finalise the case.

To protect such public interest, mediation can be made compulsory to the parties, when there are elements of settlement, though the parties are not agreeing for such course in the beginning. Once they are into the process, they will understand the effectiveness of the process and participate in mediation.

Mediation is when a neutral third party called a mediator works with each party in a lawsuit to reach a compromise before going to trial.The mediator points out issues in the case or areas of weakness and benefits of settling. However, no party can be forced to settle.

The mediator is usually selected by joint agreement of the parties, although if they cannot agree or do not know who to elect the parties can ask a third person or independent body to select a suitable mediator.

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.

If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.

Court ordered mediation is an open forum for each party to express their concerns to a neutral third party certified mediator. While almost any issue can be mediated, child support is not one of them. Child support is not to be discussed or negotiated during mediation.

For most civil court-related matters including family cases, the mediator's fee ranges from $150-$250 per hour split between the parties. CDSS charges a one-time administrative fee of $150, which is also split between the parties.