What are the differences between private and court-ordered mediation?
Mediation is the process of resolving conflicts between two or more parties with the help of an impartial mediator. In North Carolina, mediation can be either private or court-ordered. Private mediation involves two or more parties who decide to hire their own mediator and meet in a private setting. This type of mediation is often less costly and time consuming than court-ordered mediation. During the mediation process, the mediator often meets with each party separately, so that all voices are heard. The emphasis is placed on the parties reaching their own agreement. Court-ordered mediation, on the other hand, is required by the court when the parties are unable to come to an agreement on their own. This type of mediation is overseen by an experienced attorney who helps the parties find common ground and come to a resolution. In court-ordered mediation, the mediator has more authority to make binding agreements than in private mediation. Another key difference between private and court-ordered mediation is that in court-ordered mediation, the results of the mediation are admissible in court. This means that the agreement reached during mediation may be legally binding. In private mediation, however, the parties must take the agreement to court in order for it to be legally binding. In summary, the two main differences between private and court-ordered mediation in North Carolina are the authority of the mediator and the legal standing of the agreement. Private mediations are more informal, while court-ordered mediation is overseen by an experienced attorney and the agreement reached is legally binding.
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