Order for Mediation Settlement Conference in Superior Court and Trial Calendar Notice: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Order for Mediation Settlement Conference in Superior Court and Trial Calendar Notice
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State:
North Carolina
Control #:
NC-CV-811
Format:
PDF
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FAQ
Mediation is an alternative dispute resolution process wherein a neutral third party, the mediator, facilitates a discussion between the parties to a lawsuit to promote the voluntary resolution of disputes before trial.In a mediation, each party provides the mediator with materials regarding the case to review.
In a trial, either a judge or jury will decide how to resolve your dispute after examining the evidence and hearing testimony. Mediation, meanwhile, is a private, controlled negotiation between two parties, facilitated through a third party to resolve a dispute.
Mediation is an alternative dispute resolution process wherein a neutral third party, the mediator, facilitates a discussion between the parties to a lawsuit to promote the voluntary resolution of disputes before trial.
During each visit with the mediator, the parties discuss the amount of their demand or offer the settle, and the strengths and weaknesses highlighted by the other side. The goal is to keep reducing the plaintiff's demand, and increasing the defendant's offer, until they meet at some point.
Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.
In California, approximately 95% of civil cases settle out of court. Many of these settle at a mediation. Others settle outside of mediation. (Parties are always free to discuss settlement...
Rule 1: The decision makers must participate. Rule 2: The important documents must be physically present. Rule 3: Be right, but only to a point. Rule 4: Build a deal. Rule 5: Treat the other party with respect. Rule 6: Be persuasive.