How does a dispute usually start? Conflict in an organization often results in a breakdown of communication, expectations as well as hurt feelings and defensiveness among individuals. The longer conflicts persist, the worse problems seem to get. In business, that usually means when someone quits, is fired, or sues your company. There are tremendous financial and productivity costs to your organization when these problems occur. Conflict also takes an emotional toll on individuals who are responsible for making decisions about how to handle these problems. A full-blown conflict results in strained relationships, cloudy decision making, absenteeism and wasted time spent on "he said" or "she said" gossiping among employees.
What is mediation? Mediation is an informal process in which an impartial person (mediator) helps parties resolve their dispute in a mutually workable manner. The mediator works with parties and their attorneys by setting ground rules to better understand each other's concerns and issues along with the strength and weakness of their claims. Mediation is a confidential approach to negotiate a final solution with everyone involved.
Why should you use mediation? Mediation is often a better way for business or nonprofits to settle disputes where relationships are important or on-going.
You are able to express your views to the other party, and then confidentially brainstorm about potential alternatives with the mediator who can help you solve the grievance.
Mediation puts control of any outcome in the hands of the parties ─ not a judge or jury. It's your own solution.
Mediation also avoids the expense, stress and uncertainty of litigation.
How does mediation work? The actual process varies from case to case depending on the mediator's style as well as the parties' needs.
Parties meet initially in a joint session face-to-face so the mediator can obtain a brief history of the situation, get to know the parties and gain everyone's perspective.
The mediator summarizes issues and the agenda, and then starts the evaluation and negotiating process.
It is not unusual for the mediator to immediately break into private meetings (caucuses) with each party separately. Private caucuses are used to understand each party's needs and concerns as well as their thoughts about how to resolve those issues in a confidential manner.
The mediator shuttles back and forth between the parties with clarifications, questions, proposals and counter offers until the conclusion of the conference. A settlement agreement is prepared once an agreement is reached.
Usually, the settlement agreement is reviewed by a party's attorney before it is finalized or signed. Any questions raised by the attorneys are brought back to mediation to iron out any remaining wrinkles.
If no agreement is reached, the mediator declares an impasse and the parties then move on to other means of resolving their dispute.
Do I have to agree to the terms discussed at mediation?
You do not have to settle or agree to any terms. If no agreement is reached, the mediator declares an impasse, and then the parties move on to other means of resolving their dispute. Parties still have the option of arbitration or litigation.
Mediation is confidential so neither a judge nor jury will be informed about the particulars of your mediation.
The judge is informed only the results of impasse not why your case did not settle.
Is mediation binding?
Only a properly executed settlement agreement is binding. If there is no agreement, mediation is not binding.
What is the mediator's role? The mediator is a neutral person who works with both sides and their attorneys to facilitate negotiated settlements.
Mediators do not take sides. Instead they create an atmosphere of respect and fairness that allows disputants to identify issues, and then confidentially brainstorm ideas with the mediator.
You can hire a mediator during the conflict or even after the filing of a lawsuit.
Our mediators have been certified by the North Carolina Dispute Resolution Commission to conduct a mediated settlement conferences in Civil Superior Court of North Carolina.
What are the mediator's qualifications?
Our mediators are trained and certified by the North Carolina Dispute Resolution Commission. Mediators have taken courses in Civil Superior Court mediation and adhere to a special Code of Ethics and Rules.
THAXTON MEDIATION, inc. also works with co-mediators who are selected based on certification, experience and professional background.
What is co-mediation?
Some parties prefer a team of two mediators who have different backgrounds. They work together as "co-mediators" at the negotiating table by guiding all parties to a possible solution.
In this situation, "two heads may be better than one" in the mediation process, and usually, parties appreciate the different backgrounds and perspectives.
How long is the mediation process? The length is determined by issues brought by the parties. There is no time limit for mediation. Some mediations take just a few hours while others may require several hours or even multiple sessions over days.
It is important for you to inform all parties, as well as the mediator, about your time constraints before the mediated settlement conference.
THAXTON MEDIATION, inc. schedules conferences in "half-day" or "full-day" reservation blocks. Parties are charged for the actual time of mediation, not reservation blocks.
Who participates in mediation?
Participants include the actual parties involved in the dispute. Other participants may include attorneys, insurance adjusters, corporate agents or other parties who may be ordered by the Court to attend.
Individuals who attend the conference must have full authority to settle the dispute.
Do I need an attorney during mediation? Mediation allows you to make decisions yourselves; however, an attorney can help you understand the law and make informed decisions.
Mediation is not a substitute for independent legal advice. Attorneys serve as an essential part of your team during mediation.
Together, you stay in control of the process with advice from your attorney who is protecting your interests.
Where does a conference take place? Civil Superior Court cases are sometimes held at one of the attorney's office. Other conferences are held at a neutral location. Non-legal employment matters are mediated at the workplace.
Our mediators work with all parties to determine the most suitable location. THAXTON MEDIATION, inc. uses professional meeting facilities at the AtriumBuilding in Raleigh, North Carolina if a mediated settlement conference is not held at an attorney's office.
Why use a neutral location? Many parties prefer a neutral location so one side doesn't have a perceived advantage over the other side.
Mediated settlement conferences can be a party's first introduction to the legal system, which can be stressful. Parties often feel intimated at any attorney's office let alone the other side's law firm.
A neutral location levels the playing field for all parties and their attorneys.
THAXTON MEDIATION, inc. ensures all parties are comfortable by using professional meeting facilities at the AtriumBuilding in Raleigh, North Carolina.
How private is mediation? Our mediators destroy all notes at the end of mediation. Statements made during mediation cannot be used in any court or arbitration proceedings.
Usually, mediators cannot be called as a witness.
How does a dispute get to mediation?
Anyone may bring a matter to mediation by calling THAXTON MEDIATION, inc. at 919.878.7795.
It is not necessary for a dispute to have any legal or pending issue in a court of law. You may simply have a business dispute outside of the legal system such as an employment grievance.
Participation by the parties is voluntary ─THAXTON MEDIATION, inc. cannot force people to attend a mediated session.
The Court may order parties to attend a mediated settlement conference when civil lawsuits are pending. Parties may be compelled to attend; however, their level of participation is still voluntary.
What is court ordered mediation? The Court may order parties to attend a mandatory mediation session when civil lawsuits are pending. Adversarial proceedings have already started although mediation is ordered by the Court in advance of a trial.
Mediation may help bring a resolution faster without the full-blown costs of litigation.
Parties may be obligated to attend; however, their level of participation is still voluntary. They cannot be forced to sign an agreement. Each side still has the option of litigation. Mediation keeps a dispute out of the public forum, minimizing publicity for your organization. Your proceedings can be made confidential, and this approach often cultivates creative resolutions to complex cases
What are your mediation rates? Our rate depends on the mediator, co-mediation, and whether or not mediation is court ordered. Generally, rates are $145 per hour plus other fees. Please review our FEE schedule. All mediation fees are due at the conclusion of the conference. Parties are responsible for paying equal shares of the total mediator's fees.
Call us today at 919.878.7795 about dates and times preferable to you. We will contact the other part (or parties) and get their availability.
Next, we will schedule a conference date.
What should I consider when scheduling a conference date? Parties should schedule a date for the conference far enough in advance to complete sufficient discovery with their attorneys.
If you feel your case will not be ready to hold a settlement conference by your scheduled date, call THAXTON MEDIATION, inc.at least 15 business days prior to the scheduled conference so you will not be charged a postponement or cancellation fee.
We are aware that sufficient discovery should be conducted in order for the settlement discussion to be meaningful so please be as realistic as possible about the discovery needs of your case and the demands of your schedule.
What should I bring to mediation? Please bring any documents or materials (such as letters, financial records, medical bills or compensation criteria) that you and your attorney feel would be helpful to explain your issue to the mediator and other parties.
Mediation is non-adversarial so these materials are NOT taken as evidence.
You want to help the other side see the "merits" of your claim or defense. Many attorneys prefer to save it for summary judgment or trial because they are concerned about giving away the case.
The creative part of mediation is figuring out when and how to voluntarily share certain information for settlement.
What else should I bring to the conference to occupy my time? All parties and their attorneys should feel free to bring reading materials or work to occupy their time while the mediator is meeting with the other side.
THAXTON MEDIATION, inc. uses professional meeting facilities at the AtriumBuilding in Raleigh, North Carolina. Office amenities, such as internet, copying and faxing, are available to all parties and their attorneys so they can continue working during the downtimes.
What is your cancellation policy? Cancellations without penalty require 15 business days prior notice of the scheduled conference date. If you have a Civil Superior Court case, cancellation and/or postponement fees are governed by Court rules as described by the North Carolina Dispute Resolution Commission.
We will work diligently with you to reschedule cancellations with other settlement conferences, and if we are able to do so, you will not be charge a fee.
What are your mediation rules? Mediators follow the standards of conductby the North Carolina Dispute Resolution Commission and uphold these rules for Civil Superior Court mediations.
Who uses your services? THAXTON MEDIATION, inc. works with clients ranging from businesses to nonprofits and governmental agencies.
Manufacturers
Wholesalers
Distributors
Retailers
Construction Companies
Medical Clinics
Hospitals
Insurance Companies
Colleges and Universities
Schools
Churches
Charitable Organizations
Trade Associations
Home Owner Associations
Municipalities
What is the difference between mediation and arbitration? Arbitrators conduct formal hearings with attorneys representing each side. They listen to each party present their case, and then issue written decisions which are binding on the parties.
Mediators do not make decisions for the parties. The goal of mediation is to help parties find solutions and agreements that are workable to both sides. It's your own solution.
You are in control of the outcome.
What if mediation doesn't generate a settlement? The majority of cases are settled. Business leaders and litigators who use mediation usually find it helpful even if cases result in impasses.
The mediation process narrows issues, educates the other side and softens unrealistic expectations. The mediator can also help you realistically identify strengths and weaknesses in your own case but in a way you might never have spotted.
You may be better positioned to pursue your case in either arbitration or litigation.
What are the advantages of mediation compared to Court?
Court is open to the public whereas mediation is private and confidential.
In court, judges make all the decisions whereas, in mediation, you make decisions for yourselves.
Going to court can be extremely expensive whereas mediation is much less costly.
Court creates an adversarial process whereas mediation fosters a brainstorming and problem-solving atmosphere.
Court outcomes are unpredictable whereas, in mediation, you determine the outcome.
Court can take years to go through the process whereas, in mediation, you proceed at your own pace and usually find a solution much sooner.
Is litigation worth that much? The high cost and long delays associated with civil trials often make litigation an impractical method of resolving business disputes. It is not uncommon for attorney's fees, expert witness fees, court reporter fees and other legal costs to exceed the amount in dispute.
Parties increasingly find that they are spending more to litigate than the actual cost to settle the matter.
They also face stress and uncertainty from large jury verdicts.
What if I have a lawsuit that is a sure winner? It can cost you thousands of dollars in legal costs and lost work time before your adversary figures out that reality. Mediation conferences can be scheduled within days or weeks of the lawsuit so a settlement can be reached before large expenditures of effort and money.
DISCLAIMER Mediation depends on a variety of factors that cannot be entirely represented on a website.This website is intended for general information only.It does not serve as legal advice or counsel.
Wake County Court House
NCDRC Certified Mediators in Superior Court of N.C.
“LeNoir Ayscue is an experienced professional in her work both one-on-one, among groups, or in situations requiring diplomacy. She is not stymied by barriers to getting the job done.”
"LeNoir Ayscue demonstrates a calm and caring disposition with a keen aptitude for business issues and challenges. Her gentle manner underscores a strong work ethic and commitment to excellence."
