A lawyer or attorney is appointed to preside over legal matters and relies on the courts to settle disputes during litigation. Mediation, on the other hand, is an alternative dispute resolution method and a more cost-effective option to litigation that works collaboratively to help conflicting parties to come to an amicable agreement. But can an attorney be a mediator?
What Is a Mediation Attorney?
The roles of mediators and lawyers may differ. However, some of the most skilled family law attorneys have been trained in mediation roles, thus making them vastly competent to guide discussions involving family law disputes. While sometimes an attorney may not be necessary, appointing a Charlotte mediation attorney to be present throughout the intervention process is strongly recommended.
Any professional and unbiased legal advice needs to come from a competent lawyer. An attorney specializing in mediation can be a vital resource when deliberating on sensitive child custody and visitation issues, child support matters, termination of alimony, and more.
Types of Mediation Styles
Just as counselors and doctors use different strategies to achieve desired results, mediators use multiple approaches to help disputing parties resolve their conflicts. Successful mediation styles are evaluative, facilitative, and transformative.
Evaluative mediation takes a no-nonsense approach of working quickly to get to a solution fast. This style is especially useful when it seems likely that the case may end up in court and disputing parties need effective recommendations from an impartial source. Transformative mediators come in handy when conflicts are of a more deeply personal nature, creating space for expressing emotions throughout the process of emotional healing.
Facilitative types of mediation lawyers are the most familiar with disputing parties. They leverage the evaluative and transformative approaches to validate both parties’ pain points while offering solutions based on their dynamic needs.
Different Stages of Mediation in North Carolina
Even though you can’t be forced to mediate your dispute, attending mediation involving claims for legal custody of minors is required. In such cases, disputing parents or guardians who make a legal custody claim must attend mediation unless a court waives arbitration, which legally excuses involved parties from attending. The process follows a few steps to help a Charlotte mediation lawyer achieve a feasible and agreeable settlement.
- Stage one of the convening process involves getting involved parties to agree to meet and mediate their issues in a neutral and safe space.
- Stage two is the opening or introduction session, which constitutes creating a comfortable atmosphere of optimism and mutual respect while setting expectations about the day’s proceedings.
- Stage three introduces private discussions. A mediation lawyer in Charlotte will ask for a private meeting with each party to hear their side and help them gain a better perspective on the issues they are facing.
- Stage four is the negotiation phase. It encourages brainstorming possible settlement options while ensuring opposing litigants understand the potential downfalls of going to court.
- Stage five, in successful cases, will result in an agreeable settlement. A mediation attorney in Charlotte, NC will then draft a memorandum to be signed and enforced between both parties.
Although mediation services have become customary and generally required in civil litigation circles, sometimes the outcomes are not always favorable. There are also no legal ramifications for failing to reach an amicable agreement.
However, if litigants choose to continue to court, a mediation attorney will still be able to prove useful in providing valuable insights. If both sides agree on a resolution and neither party appeals the decision, the settlement will be just as binding as a judge’s rule. So, which cases can benefit from appointing one of our Charlotte mediation lawyers?
Suitable Cases for Appointing a Charlotte Mediation Lawyer
To save litigants time and resources, most courts require conflicting parties in civil cases to engage in a dispute resolution process before heading to court. Mediation provides an opportunity to end a dispute for all concerned while reducing the caseload burden on the courts. In addition to being affordable, mediations are private and confidential, unlike sitting through open courts and enduring the embarrassment of public disclosure.
Litigation has been known to cause irreparable damage between disputing parties, but when you work with a professional mediation lawyer, it may help preserve and even restore relationships. Mediation is available for non-criminal matters. It’s, therefore, the most ideal and informal way to reach a mutually-agreeable solution without relying on a legal judgment issued by the courts. Some cases that can be mediated comprise:
- Disputes between landlords and tenants
- Harassment involving neighbors or business partners
- Ongoing disputes between labor unions and management
- Child custody issues or conflicts arising from a prenuptial agreement
Because mediations help parties reach equitable resolutions that can potentially be upheld in court, you need to choose a professional mediation lawyer who can guide discussions in the right direction. Even though the attorney can’t make decisions about a mediation case, unlike a judge or arbitrator, they’re your best option in helping you settle a dispute. When selecting a mediation attorney, consider their expertise in handling the complexities of your case.
Consult an Expert Charlotte Mediation Attorney at King Law
Our team of professional lawyers at King Law are well-versed in mediating imputed income for child support, divorce conflicts, asset allocation disputes, contested wills, etc. We can leverage specific tools and our vast knowledge of the law to help involved parties reach a cordial agreement. In child custody cases, our Charlotte mediation attorneys may help parents or relevant guardians draft a parenting agreement that they can send to a presiding judge for review.
Mediation has an extremely high success rate, where most cases are settled on the same day or shortly after. Allow us to save you the costly court fees and time-consuming litigation process. Contact us today by calling our North or South Carolina lawyers at (888) 748-5464 or (888) 748-KING or completing our contact form to schedule a meeting at your earliest convenience.