What happens if the parties cannot reach an agreement and the mediator is unable to help them?
If the parties cannot reach an agreement and the mediator is unable to help them, the case may be referred to a court. North Carolina courts may order the parties to attend mediation sessions in order to resolve the case. If the parties cannot come to an agreement, the court may make a decision based on the evidence presented. This is called an Order After Hearing. The court must consider all the evidence and make a decision that is fair and just based on the law. If there is still no agreement, the court may choose to enter a default judgment, where the court will make a decision without the parties present. It is always best for the parties to reach an agreement, instead of having the court decide the outcome of the case. If the parties wish to pursue litigation, they should speak to an attorney to learn more about their rights and the legal process.
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