What is Mediation?
Mediation is a process used as a tool in settling legal disputes, without going to court.
An Impartial third person works with Parties to a dispute to resolve the issues, through facilitating interactions between the parties, and exchanging information.
Mediation is controlled by the Parties to the dispute and the Mediator. Date, time, length, location, who pays for the mediation, and how the mediator will interact with the parties is all decided by the parties involved. Mediation is unlike a court proceeding where the decision is left to the Judge or other neutral party.
1. You’re in control.
Mediation allows you to decide the outcome, in contrast with the litigation process, which puts the outcome in the hands of the judge or arbitrator. The ELM staff listens to you and your concerns, and just as importantly, makes sure the other side of the dispute hears and understands your point of view as well.
2. You’ll resolve your dispute faster while spending less.
Mediation is typically much faster and cheaper than litigation, which can often take months or even years to resolve in a courtroom. This equals to dollar signs, as you incur more and more expenses. The ELM Mediators have helped resolve disputes amicably between parties in just a few hours, or in more complex cases, days.
3. You may salvage those bridges instead of burning them.
As your mediator, ELM staff ensures that everyone’s point of view is heard, and that the final resolution of your dispute is mutually agreeable to every party. Arriving at mutually satisfactory settlements allows both parties to emerge from the dispute without hard feelings or ill will for one another, while allowing the relationship to be amicable or even make amends in the future. Some parties who resolve their conflict via mediation are able to resume their relationships with a new understanding and respect.
4. You’ll have the luxury of flexibility.
In mediation, options are available that are not normally on the table. When disputes are handled by a judge or arbitrator, their actions are governed by strict parameters in accordance with the law. Mediation gives Parties freedom to arrive at more satisfying resolutions than would otherwise be available.
When to Mediate?
- May be voluntary, or
- May be required by a Court or by federal or state law.
- Can also resolve a legal dispute without the lengthy, time-consuming and expensive process of litigation.
- Encourages Parties to a dispute to explore alternative solutions, which may be simpler, quicker and less expensive.
why choose ELM for your mediation?
The foundation of a successful mediation is the Mediator. ELM Mediators are NCDRC Certified, and have mediated civil cases filed in North Carolina Superior Court and United States District Courts. Our successful female mediators and attorneys have been handling tough legal conflicts at all levels since 1999 and have built a deep understanding of how disputes can best be handled to yield a favorable outcome. Successful Mediation requires someone who:
- Displays superb interpersonal skills
- Truly listens to all parties involved
- Possesses creativity in problem solving
- Retains the trust and credibility of both parties
- Possesses in-depth knowledge of the law
- Knows how to build credibility with the parties
- Helps the Parties reach resolutions that satisfy the interests of all involved
- Our Mediators have proven track records of all of these qualities and more.