Strauch Green & Mistretta, PC (SGM) now offers mediation services. Mediation is a dispute resolution process that takes place out of the courtroom, in a neutral location. The role of a mediator is to facilitate discussion so that the parties can come to a resolution on their own.
Stan Green, a shareholder of SGM and a civil litigator with over 20 years of experience, is a North Carolina certified Superior Court mediator and handles mediations involving all types of civil litigation and business cases across the state of North Carolina.
How Does the Mediation Process Work?
A mediator is a neutral party who hears both sides of a case and who does not take sides or express opinions. Instead, the mediator obtains information from both sides and facilitates negotiation between the parties with the objective of reaching a compromised resolution. Here is how it generally works:
- Introductory Statements – All parties and the mediator meet in a neutral location to discuss the mediation process.
- Statement of the Problem – During the joint session, both parties have an opportunity to present their position in the dispute, uninterrupted.
- Breakout Sessions. After the joint session is completed, the parties break into separate rooms, and the mediator goes to each room to speak to each party individually about the dispute in order to obtain additional information.
- Identify Common Ground – Through obtaining additional information separately, the mediator seeks to find common ground between the parties in an effort to determine if there are parts of the dispute that can be settled.
- Generating Options – At this point, the parties, in their separate rooms, may be suggesting options for settlement along with the mediator. The mediator then discusses those options with the other parties in an effort to reach some compromise.
- Reaching an Agreement – The mediator’s objective is to help the parties settle their dispute through a compromised resolution so that the parties do not have to proceed with expensive and unpredictable litigation.
Benefits of Mediation
The most obvious benefit to mediation is staying out of a courtroom, which saves time and money. Other benefits of business mediation services include:
- More Control of the Outcome – Since you are an active participant in the resolution process in mediation, you have much more control over the outcome. In a courtroom, decisions are often made by a single judge and you may lack recourse if you do not are unsatisfied with the outcome.
- Preserve Business Relationships – Legal battles that take place in a courtroom can get ugly. Mediation offers a smoother process that allows parties to discuss the problem directly. This is especially helpful if you want to preserve a lucrative business partner.
- Confidentiality – Disputes heard in a courtroom are public record, while mediation is handled privately.
If you need a mediator for your North Carolina Super Court civil court case or would like to hire a mediator because you have a business dispute that you would like handle outside of a courtroom, call Strauch Green & Mistretta, P.C. at (919) 278- 7453 or complete our short form below.