Are there laws governing mediation?
Yes, there are laws governing mediation in North Carolina. These laws are found in the North Carolina General Statutes, Title 7, Chapter 7A, and are known as the Uniform Mediation Act (UMA). Under the UMA, mediation services must be provided by a person who is a qualified, court-approved mediator. The mediator must be impartial, fair, and establish clear ground rules and procedures for the mediation process. The UMA also outlines the rights of the parties, confidentiality of the mediation sessions, and the enforcement of mediation agreements. The UMA also outlines the duties of the mediator. The mediator must be impartial, provide both parties with a fair and equal opportunity to present their case, actively listen to both sides, and make sure all sides are heard. The mediator must also assess the strengths and weaknesses of each side’s case and help the parties come to an agreement. As part of their duties, the mediator must also explain the legal and practical effects of the agreement and discourages parties from entering into an agreement that is not in their best interests. Ultimately, the UMA was created to provide efficient dispute resolution through mediation. This is accomplished by allowing parties to express their positions and interests in a confidential setting, and by providing a neutral third-party who is able to help them reach an agreement.
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