How does mediation differ from traditional litigation?
Mediation is an alternative dispute resolution method used to resolve legal disputes. It is different from traditional litigation in that it is a private process that does not involve a trial or a judge. Instead, parties to the dispute use a neutral third-party mediator to help them reach their own agreement about how to settle their situation. The mediator does not make any decisions for the parties or decide the outcome of the dispute. The overall goal of mediation is to create a mutually beneficial outcome for all parties involved. Mediation focuses on resolving the dispute in a timely and cost-effective manner. The mediator uses a collaborative approach to assist the parties in finding common ground and actively assists the parties in formulating solutions and ideas to reach their settlement. Compared to litigation, mediation is often faster, less adversarial, more cost-effective, and less stressful for the parties involved. Litigation brings the parties in front of a judge or jury and the final decision is out of the hands of the parties. With mediation, the parties are in control of the outcome and can often find a creative solution that is tailored to their unique situation. This increased control and flexibility makes mediation a desirable form of dispute resolution in North Carolina.
Related FAQs
How is mediator neutrality maintained?Are there any special considerations for multiparty mediations?
Are there any laws governing the Mediation process?
What types of cases can be mediated?
Are there any special considerations I should keep in mind if my dispute involves a government agency?
How can I find a qualified mediator for my case?
How long does the mediation process typically take?
Is there any recourse if the agreement reached in mediation is not respected?
What is the role of an attorney in the mediation process?
What remedies are available if parties cannot reach an agreement through mediation?
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