CDSS can help you resolve family disputes, business or workplace issues, HOA and neighborhood conflicts!

About Mediation

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  • Mediation is private and is usually a voluntary process. 
  • The mediator works together with the parties to generate solutions to settle their conflict. 
  • 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. 
  • Mediation takes an investment of time and effort, since the parties themselves are working through the issues directly with the mediator, instead of having their representatives argue for them before an arbitrator or judge. 
  • Mediation is flexible, allowing the mediator to adapt the process to suit the nature of the dispute and accommodate the unique needs of each party. 

How Does a Dispute Get to Mediation?

  • Anyone may self-refer a matter to mediation by contacting CDSS. It is not necessary for a dispute to be pending in court. 
    • If your dispute is outside of the legal system or some broader process (such as an employment grievance process) participation is voluntary - CDSS cannot compel people to attend a mediation session.
    • ​In cases where lawsuits are pending, the court may order the parties to attend a mediation session.
  • However, in both situations, the level of participation by the parties is voluntary. In no case will any party be forced to sign an agreement. 

How Mediation Works

  • ​Generally, all the parties to a dispute (and in many cases, their attorneys) start the process by meeting together in 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 until it becomes appropriate to bring all the parties back for additional joint sessions. ​
  • ​If no agreement is reached, the mediator declares an impasse and the parties then move on to other means of resolving their dispute.
  • If an agreement is reached, the terms of agreement are written down in a "Memorandum of Understanding."
  • If there are no attorneys present, the document is provided to the parties for consideration, legal review and signature. If there are attorneys present, the parties sign the agreement. 
  • The agreement is enforceable as if it were a contract. ​​

Who Participates in Mediation?

  • Participants almost always include the actual parties involved in the dispute. Depending on the type of dispute, other participants may include attorneys, counselors, family members, or others. 
  • ​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 Mediations Take Place?

  • You may be able to mediate at our offices. 
  • Civil Superior Court cases can be held at our offices or at an attorney's office. 
  • District Court case mediations are conducted in the courthouse. 
  • ​We will work with you to determine the most suitable location for your mediation.

How Long Will Mediations 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 multiple sessions. 

What Should I Bring?

  • Be sure to bring any documents or materials you feel would be helpful to explain your issue to the mediator and to other parties. 
  • We will work with the parties to decide if there is a need to share documents or other materials to facilitate a settlement. 
  • Remember that mediation is non-adversarial and the mediator does not take these materials as evidence. 

How Much Will
​Mediation Cost?
What If I Need to Postpone/Cancel My Mediation?
  • 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 $150-$250 per hour split between the parties. 
  • CDSS charges a one-time administrative fee of $150, which is also split between the parties. 
  • 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. 
  • 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. 
  • For other CDSS cases, in the event of a cancellation, the fee with ten day's notice is $150.00 plus the administrative fee, and with seven day's notice it's $200.00 plus the administrative fee. 
  • Cancellation fees should be paid by the party requesting the postponement/cancellation unless the parties agree otherwise. 
  • If a case is rescheduled no cancellation fee applies. 

How Do I Schedule Mediation?

  • Contact CDSS and let us know the dates and times preferable to you.
  • We will contact the other party to explain the mediation process. 
  • Mediations can usually be scheduled within five to seven business days depending on the availability of the parties and the selected mediator.