Strauch Green & Mistretta, P.C. offers mediation services to better assist you. Mediation is a dispute resolution process that takes place out of the courtroom, in a neutral location. The role of a mediator is to facilitate discussion so that the parties can come to a resolution on their own, without entering a courtroom.
Stan Green is a shareholder at Strauch Green & Mistretta, P.C. and a civil litigator with over 20 years of experience. He is also a North Carolina certified Superior Court mediator and handles mediation involving civil litigation and business cases across the state.
How Does Mediation Work?
A mediator is a neutral party who hears both sides of a case and does not take sides or express opinions. Instead, the mediator obtains information from both sides and facilitates negotiation between the parties with the objective of reaching a compromise. The steps of mediation, especially regarding corporate or business law follow as such:
- Introductory Statements – All parties and the mediator meet in a neutral location to discuss the mediation process.
- Statement of the Problem – During the joint session, both parties have an opportunity to present their position in the dispute, uninterrupted.
- Breakout Sessions – After the joint session is completed, the parties break into separate rooms, and the mediator goes to each room to speak to each party individually about the dispute in order to obtain additional information.
- Identify Common Ground – By obtaining additional information separately, the mediator seeks to find common ground between the parties in an effort to determine parts of the dispute that can be settled.
- Generating Options – At this point, the parties, in their separate rooms, may be suggesting options for settlement along with the mediator. The mediator then discusses those options with the other parties in an effort to reach some compromise.
- Reaching an Agreement – The mediator’s objective is to help the parties settle their dispute through a compromised resolution so that the parties do not have to proceed with litigation.
Benefits of Mediation
The most obvious benefit to mediation is staying out of a courtroom and avoiding litigation, which saves time and money. Other benefits of business mediation services include:
- More Control Over the Outcome – Since you are an active participant in the resolution process in mediation, you have much more control over the outcome. In a courtroom, decisions are often made by a judge, leaving you without recourse if you are unhappy with the outcome.
- Preserve Relationships – Legal battles that take place in a courtroom can get ugly. Mediation is a smoother process that allows parties to discuss the problem directly. This is especially helpful if you want to preserve business relationships.
- Confidentiality – Mediation is handled privately, typically only involving the two parties and the mediator.
Keep Your Civil Case Out of the Courtroom With Mediation
Save valuable time and money and keep your case out of the courtroom with mediation. Fill out our contact form or call our Raleigh office at (919) 278-7453 or our Winston-Salem office at (336) 725-8688 to schedule your consultation. We proudly serve clients across North Carolina.