Mediation - When Relationships Matter

The mediation model for resolving disputes utilizes a neutral third-party to facilitate negotiation between the parties and assists them in working together to generate solutions for settling their conflict. Unlike a judge or arbitrator, mediators do not render judgments – any resolution reached is one that comes from the parties themselves. Mediation is private and usually a voluntary process where disputing parties can each express their views and work together to explore options that are mutually acceptable to each party. Mediation promotes collaboration and consensus building between the parties. The facilitative nature of the discussions leads the parties to address their underlying interests so that the needs of each may be satisfied. Mediation is generally efficient and cost effective; however, because it takes the direct involvement of the disputants (not just their representatives) there is a substantial investment of time.

How does the mediation process work?

Mediation may take one of several forms depending on the nature of the dispute and if the matter is pending in a formal grievance process or the court. Generally, all the parties to a dispute (and in many cases, their attorneys) start the process by meeting together in what is called a joint session. It is not unusual for the mediator to then break into private meetings with each side in a step known as caucus. The mediator shuttles back and forth between the parties until the conclusion of the conference or it becomes appropriate to bring all parties back for additional joint sessions.

If an agreement is reached, the terms of the settlement are written down and the parties (and their attorneys in many cases) sign the agreement. The agreement is enforceable as if it were a contract. If no agreement is reached, the mediator declares an impasse and the parties then move on to other means of resolving their dispute.

Mediation is flexible allowing the mediator to adapt the process to suit the nature of the dispute, the unique needs of each party, and in the context of mediation as part of larger systems of dispute resolution.

How does a dispute or case get to mediation?

Anyone may self-refer a matter to mediation by calling CDSS. It is not necessary for a dispute to have legal issues or be pending in a court of law. If your dispute is outside of the legal system or some broader process (such as an employment grievance process), participation by the parties is voluntary – CDSS cannot compel people to attend a mediation session.

In matters where lawsuits are pending, the court may order the parties to attend a mediation session. In some employment matters, parties may also be compelled to attend. In both situations, however, the level of participation by the parties is voluntary. And in no case will any party be forced to sign an agreement.

How long will the mediation take?

The length of the process is largely determined by the 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 multiple sessions. It is important to let the mediator and other involved parties know before your session if there are constraints on your time.

Who participates in mediation?

Participants almost always include the actual parties involved the dispute. Depending on the nature of the dispute, other participants may include attorneys, counselors, family members, or other parties who may be ordered by the court to attend. Those attending the conference must have full authority to settle the matter. As mediation is not an adversarial process and testimony is not taken, witnesses are generally not present.

Where do the mediations take place?

The nature of the dispute and the needs of the parties will determine the location of the mediation. In district court programs, the mediations are usually conducted at the courthouse. Civil superior court cases are usually held at one of the attorney’s offices. And some employment matters are mediated at the workplace. The mediator or intake coordinator will work with the parties to determine the most suitable location.

How do I schedule a mediation?

Call us and let us know the dates and times preferable to you. We will contact the other party or parties and get the same information from them. Usually, mediations can be scheduled within five to seven business days depending on the availability of the parties and selected mediator.

What information or materials should I bring to the mediation?

Please bring any documents or materials you feel would be helpful to explain your issue to the mediator(s) and other parties. Remember that mediation is non-adversarial and the mediator does not take these materials as evidence.

What is the role of the mediator?

The mediator facilitates communication and negotiation between all the parties. The mediator’s position is neutral as to the parties, their issues, and the outcome of the mediation. Mediators strive to create an atmosphere of respect, equity, and fairness that allows the disputants to identify the issues they want resolved and to fully hear each other. Mediators do not take sides or impose their own points of view.

What are the mediator’s qualifications?

All CDSS mediators are highly trained and certified in their field of mediation. All mediators who take cases from family court, superior court, or the clerk of court are certified by the NC Dispute Resolution Commission to conduct those mediated conferences. Community and district court mediators are usually volunteers certified by CDSS based on their initial training, experience, professional background, and continuing mediator training.

Who is the mediator?

In most cases, the intake coordinator will match your case to our list of qualified mediators and make suggestions. Both CDSS and the selected mediator will check for any conflicts of interests before proceeding. If the parties are in agreement, they may select any mediator from our roster of staff and panelists. If the parties are having difficulty selecting a mediator, CDSS will select three appropriate panelists from our roster and each party will have the opportunity to strike one name with the remaining named person becoming the mediator.

How much will mediation cost?

The fees assessed for your mediation will depend on the nature of the dispute, the context of the mediation, and the selection of mediator. For most civil court-related matters including family cases, the mediator’s fee ranges from $125 - $250 per hour split between the parties. CDSS charges a one-time administrative fee of $150.

Community matters and low-income families and individuals may use our sliding scale fee schedule. Rates vary depending on the income of each participant and range from $50 - $100 per hour with a one-time administrative fee of $50.

Mediated district court matters are subject to court costs. Please see the section for district criminal court or small claims court for those fees.

What happens if I need to postpone or cancel my mediation session?

If you have a family court, civil superior court, or clerk of court mediation postponement and cancellation fees are governed by the rules of each program as listed on the NC Dispute Resolution Commission’s website. Community and other cases held at CDSS are subject to postponement/cancellation fees equal to two hours of the assessed hourly fee that are postponed or cancelled within seven days of the scheduled conference. Postponement/cancellation fees shall be paid by the party requesting the postponement/cancellation unless the parties agree otherwise.

How do I know if mediation is right for me?

Mediation is well-suited for matters where relationships are important or on-going. It provides a safe environment to express your views to the other party and to hear how the issue is affecting them. Mediation puts control of any outcome in the hands of the parties and for many that is preferable to having a judge or some other person decide the matter for them. Mediation is often used to resolve matters before taking the dispute to court or some other legal or formal process to explore potential avenues for settlement thereby avoiding the expense and time of litigation.