Are there any limits to the remedies that can be awarded in a mediated settlement?

Yes, there are limits to the remedies that can be awarded in a mediated settlement in North Carolina. Generally, remedies are limited to those that are justified as reasonable and necessary to address the dispute. The parties may agree to such remedies as long as they are legal and voluntary. Additionally, the remedies available in a mediated settlement must be limited to the issues that were identified in the mediated agreement. At the same time, the remedies that are available in a mediated settlement can be more flexible than those available in a court decision or agreement made through a traditional dispute resolution process. For instance, some remedies may be negotiated through the mediation process that would likely not be possible in a traditional dispute resolution process. This could include the creation of an enforcement procedure or other arrangements that are necessary to satisfy the parties’ interests. Consequently, the parties should fully discuss and negotiate the remedies available to them. This includes identifying the remedies that are available and agreeing to the enforcement mechanism or other arrangements that are necessary. In addition, both parties should remain informed of the limits of the remedies that can be awarded in a mediated settlement. Knowing and understanding these limits can help ensure that all parties are satisfied with the negotiated remedies.

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