Family & Divorce Law Services

Mediation

UNDERSTANDING MEDIATION

Mediation is a conflict resolution process in which an impartial third party assists the clients in negotiating a consensual and informed settlement. The ultimate decision-making authority rests with each party and it is the role of the mediator to explore alternatives and address their interests. In this way, mediation differs from litigation, an adversarial procedure, or an arbitration. This forum is not the place to air such grievances and issues you may have with one another which have given rise to your separation and mediation is not a substitute for counseling or individual therapy.

In a mediation, you must be able to listen to one another's position with an open mind and in good faith. Each party must make a full and fair disclosure of all information which may be necessary to accurately and fairly evaluate the facts and information on which to base a settlement of the issues between them.

A mediator must remain neutral and impartial throughout the mediation process. Because of her skill as an attorney, most mediation clients request the attorney mediator to draft a more formal document stating the terms reached in the mediation, however, in so doing, the mediator is not acting as an advocate for either party. Each party is encouraged to seek the advice of independent counsel and to have such independent counsel review any documents prepared prior to the execution of the same. In addition, each party has the right to seek individual legal representation before, during, or after mediation. The mediator has the right to discuss your mediation process with any attorney that either party may retain as individual counsel or who may accompany either party to mediation.

The purpose of this mediation is to assist clients in reaching a voluntary settlement of issues in your separation. A mediator cannot force you into an agreement or bind you by any decision. Although you may participate in good faith and use your best efforts to resolve your issues, you may not be able to reach a successful resolution of any or all issues. Even if a total resolution is not be possible, you have the option of reaching a partial resolution.

In order to create an atmosphere of open and honest communication, all written and oral communications made in the course of this mediation are confidential. All offers to compromise and all statements made with regard to an offer to compromise by the mediator, either party or their attorneys during the mediation are deemed inadmissable as evidence pursuant to Rule 408 of the North Carolina Rules of Evidence.

Either party has the right to withdraw from the mediation at any time for any reason. The mediator can withdraw from the mediation or terminate or suspend the procedure before an agreement has been reached if, in the opinion of the mediator:

• Either party uses manipulation or intimidation as a tool in the mediation or attempts to take unfair advantage of the other.
• Either party fails or refuses to provide honest answers, or to provide complete and honest information regarding assets, liabilities, income or expenses.
• The mediator believes that either party is incapable or unwilling to participate in informed negotiation either on a temporary or permanent basis.
• The mediator believes the parties have reached a final impasse and that further meetings would be unproductive or would not be worth the time and expense.

Copyright © 2005 Bender Law Offices P.C., All Rights Reserved.
Divorce Lawyers, Separation Attorneys, Family Law, International Divorce, Mediation, Agreements, Child Custody, Court Services, Alimony, Domestic Violence, Child Support, Property Distribution, Spousal Support

6608-204 Six Forks Road . Raleigh, NC 27615 . USA

Phone: 919-870-9600 . Fax: 919-847-2473