H. Stanley Harris, P.C.
130-A North McDowell Street
Charlotte, NC 28204-2268
Phone: 704-334-5600
Fax: 704-334-1654

MEDIATION IN SUPERIOR COURT CIVIL ACTIONS

Each lawsuit that is filed in Superior Court in North Carolina is subject to court ordered mediation as a form of alternative dispute resolution. Mediated settlement conferences are required for the purpose of trying to discuss and resolve the disagreements and issues raised in Superior Court Civil Actions filed in the North Carolina court system. Mediation is seen as an opportunity to resolve each dispute in a way that is acceptable to the parties while at the same time avoiding protracted litigation and trial as well as saving the parties and court system money.

Essentially, mediated settlement conferences are facilitated discussions during which the parties search for mutually acceptable solutions to their conflict. Mediation conferences are less formal than a trial or court hearing, but still follow certain rules mandated by the state legislature and the state court system. A mediator, unlike a judge or jury, does not make decisions for the parties to the dispute. However, the mediator works to open channels of communication between the parties, to inject reason into the discussions about the case, and will help each side see the dispute through the eyes of the other party in an effort to help the parties reach an agreement. In doing so, the mediator will also explore with each side of the dispute the strengths and weaknesses of their case, discuss the benefits of settling or resolving the dispute, suggest options for the parties to consider, and carry offers and counter-proposals between the parties in an effort to bring the parties to an amicable settlement of the dispute.

Practically speaking, the mediator, who can be a trained layperson, an attorney certified to preside over mediations, or a retired judge, among other approved persons, will preside over the settlement conference between the parties. Initially, the mediator will explain the ground rules for the discussions between the parties, and will usually ask the separate attorneys to describe the case from their respective points of view in order to initiate the settlement conference proceedings. The mediator will then start the negotiation process, and will usually separate the two parties in order the meet with each party and his or her attorney individually to discuss that party’s position, goals, and other information with regard to the dispute. The mediator will then usually carry the settlement demands and offers of each party to the other party for consideration in an effort to bring the separate parties closer to a resolution. If the parties do reach an agreement as to a settlement of the dispute, their terms will be put down in writing and signed by the parties and their attorneys as a written understanding of the settlement of the case. Once the case has been resolved in mediation, the Superior Court case will eventually be dismissed. Occasionally, even if cases are not resolved in the mediation process itself, lines of communication may be opened which could lead to a possible resolution of the case some time later before the case goes to trial.

Mediated settlement conferences in Superior Court Civil Actions are just one form of alternative dispute resolution that could resolve the pending court case. Other forms of alternative dispute resolution include arbitration, either binding or non-binding, and summary jury trials. H. Stanley Harris is a certified superior court mediator, and has been involved in numerous superior court mediations over his 27 years in private civil law practice. H. Stanley Harris is available to act as a certified mediator in any Superior Court Civil Action in North Carolina as well as an arbitrator or advocate in disputes arising in North Carolina.