Mecklenburg North Carolina Motion to Refer Case to Mediation

State:
Multi-State
County:
Mecklenburg
Control #:
US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

Mecklenburg County, located in North Carolina, offers the option of filing a Motion to Refer Case to Mediation. This process allows parties involved in a legal dispute to explore the possibility of reaching a settlement through mediation rather than going through the traditional court trial. By submitting a Motion to Refer Case to Mediation, the parties involved are requesting the court to transfer their case to the mediation program. Mediation is a form of alternative dispute resolution (ADR) where a neutral and qualified mediator facilitates communication between the parties, helping them work towards a mutually agreeable solution. In Mecklenburg County, there are different types of Motions to Refer Case to Mediation that cater to various legal disputes. Some common types include: 1. Civil Litigation Mediation: This type of mediation applies to civil cases such as personal injury claims, contract disputes, property disputes, or employment conflicts. Parties involved in a civil lawsuit can file a Motion to Refer Case to Mediation in order to explore settlement options and potentially avoid the time and expense of a trial. 2. Family Mediation: Mecklenburg County offers mediation services specifically designed for family-related legal disputes. These may involve divorce, child custody and visitation matters, spousal support, or property division. A Motion to Refer Case to Mediation in family law enables couples to work collaboratively with a mediator, aiming to create lasting and satisfactory agreements while reducing the potential hostility of a courtroom battle. 3. Small Claims Mediation: In small claims cases, where the amounts in dispute are relatively low, parties can opt for mediation to resolve their disagreements. By filing a Motion to Refer Case to Mediation in a small claims matter, individuals can seek a prompt and cost-effective resolution without the need for a formal trial. This can be particularly beneficial for individuals seeking a quicker resolution for issues like unpaid bills, property damage, or breach of contract. 4. Juvenile Mediation: Mecklenburg County also provides mediation services for juvenile cases involving minors, such as delinquency matters, truancy issues, or conflicts within families. By utilizing a Motion to Refer Case to Mediation in juvenile disputes, the aim is to promote communication, understanding, and ultimately, rehabilitation, while keeping minors out of the formal court system whenever possible. Overall, Mecklenburg County's Motion to Refer Case to Mediation offers a valuable opportunity for parties involved in various legal disputes to explore alternative avenues for resolution. By engaging in mediation, individuals can potentially save time, money, and emotional energy by reaching a mutually satisfying agreement outside the courtroom.

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FAQ

Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.

NC State Courts Mediation is now mandatory in all civil cases in the Superior Courts of North Carolina.

No one can be forced to mediate as it is a voluntary process! Again, however, where parties decline to mediate, the judge will certainly be interested in why the parties have come to this decision.

If neither party appeals the decision, it will be binding, like an order by a judge. However, a party unhappy with the arbitrator's decision can request a new trial before a judge.

Mediation is an informal and flexible dispute resolution process. The mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution.

Until a lawsuit for custody or equitable distribution is filed, mediation is not required in North Carolina. However, that does not mean that if you and your spouse are separating that you cannot choose to participate in private mediation on a voluntary basis.

Mediation cases are a private and informal way of settling a dispute without relying on a legal judgment issued by a judge or jury. The parties involved in mediation meet with a neutral third party to reach a mutually agreeable solution that will end a conflict.

The mediator will ask questions, reframe issues, assist the parties to understand each other, and help identify solutions. Mediators do not take sides, pass down decisions, offer legal advice or reveal confidences. There are a number of kinds of discussions that parties can have in the context of a mediation.

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference.

Section 89 read with Order X Rule 1A provided for reference of cases pending in the courts to ADR. In addition, Order XXXIIA of the CPC recommends mediation for familial/personal relationships, as the ordinary judicial procedure is not ideally suited to the sensitive area of personal relationships.

More info

This rule shall apply to all cases referred to mediation in the Probate Courts of this State and shall be uniform for all counties. Also, there is a filing fee to start the custody case.LawHelp Interactive is a website that helps you fill out legal documents for free. Referral of Cases to ADR . How does a court determine jurisdiction in custody cases? (1) Click the "Request a Referral" button below. (2) Fill out your contact information. County: Mecklenburg: Presiding Judge: Graham Mullen .

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Mecklenburg North Carolina Motion to Refer Case to Mediation