2806 Reynolda Road, # 211
Winston-Salem, NC 27106
(336) 499-1977
colleen@byersmediation.com
Here are the answers to some of the most common questions people ask about mediation in North Carolina.
1. What happens at mediation?
Mediation is an opportunity for the parties to tell the mediator what happened and how they feel about it. The mediator is a neutral facilitator who will listen to what everyone has to say and encourage the parties to find a solution to their dispute. In some cases, the parties will be in separate rooms and the mediator will go back and forth between the parties. In other cases, the mediator and the parties will all be in the same room and will discuss possible solutions around the same table. In either case, the mediator is not on anyone’s side but rather on the side of helping the parties to brainstorm solutions and make proposals to find a resolution.
2. Do I need a lawyer to go to mediation?
No. You do not have to have a lawyer to go to mediation. However, if you choose to go to mediation without a lawyer, you should know that the mediator is prohibited from giving you any legal advice.
3. Can a mediator draft our settlement agreement?
No. In North Carolina, a mediator is not allowed to draft a settlement agreement. If any party has a lawyer present during the mediation, then that lawyer can draft a settlement agreement. If no party has a lawyer present during mediation, then the mediator can prepare a non-binding summary of the parties’ understandings, which the parties can then take to a lawyer to subsequently turn into a final settlement document.
4. How long is mediation?
It depends. The length of mediation varies greatly among matters and is impacted by the number of issues to be discussed and resolved. The duration of mediation also depends on how prepared you are for mediation.
5. Is mediation confidential?
The mediator is bound by a duty of confidentiality and cannot reveal information about the mediation to anyone who did not participate in the mediation, except for the basic factual information needed to complete the mediator’s report to the court, if a lawsuit is already pending. The mediator never turns into a witness and never shares any information about settlement discussions with the judge or the jury. Additionally, a North Carolina rule of evidence protects the parties’ settlement offers from being admitted into evidence before the judge or the jury.