Mediation is designed to help parties resolve their disputes without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge or an arbitrator, the mediator has no power to impose a solution. In addition, the mediator cannot give you legal advice on how to resolve your dispute.
Parties can choose to attend mediation before hiring lawyers or filing a lawsuit. This is the most cost-effective and least emotionally taxing approach to resolving your disputes. Both parties will appear at the mediator’s office with their attorneys if they have hired them. If all parties agree, they will meet in the same room to discuss settlement. If parties choose to meet in separate rooms, the mediator will meet with each side to learn about the case and the position that each side takes. The mediator will go back and forth between the two rooms communicating between the parties. It will be the mediator’s job to facilitate communication and strongly encourage both parties to settle by showing how it is in their best interest to settle.
Mediation is very effective if parties have exchanged information and narrowed the disagreement to a few issues. During this type of mediation, the attorney who represents you will advise you of the legal and financial consequences of the proposals to settle. A good attorney will also help you think through the non-legal consequences of the proposals as well.
There is a cost to both parties for mediation. Both parties will split the cost of the mediator’s fee and will each pay their attorneys to attend the mediation. Although it may seem expensive, it is far less costly than going to Court.
Ms. McCray is an effective mediator who enjoys helping others resolve their disputes. Whether you need an attorney to assist you in a mediation or you would like to Ms. McCray to consider mediating your dispute, click here to contact attorney Gena McCray or call us at (919) 497-0091 for more information.