The Mediation Practice at GHMA | LAW
Mediation is the best avenue for your clients to craft lasting resolutions that best fit their lives. We are keenly aware that this avenue is preferable for most issues and have the experience to guide your clients through this process. We understand that mediated solutions have a greater potential for flexibility and consideration of unique and individual circumstances that are not necessarily achievable in a trial setting. We also understand that mediation has the power to teach people to approach their conflicts from a broader perspective, offering new tools for resolving disputes in the future. Our lawyers are skilled mediators.
Mediation and Arbitration services are offered in the area of family law and in cases where complex financial issues exist. We focus a significantly on mediation as a tool to resolve complex financial matters and commonly offer mediation services to other lawyers and their clients in the family law arena. Our demeanor and approach induce an element of calm to emotionally charged disputes, helping embroiled litigants see the difference between the important elements for their consideration and the lesser arguments that restrict forward movement. Our lawyers are adept in helping people to move out of their individual stories and into resolution. The lawyers in our firm have facilitated hundreds of mediation conferences.
When your case needs a mediator that can open doors and offer possibility, narrow your clients' issues and craft creative solutions, we can help. Schedule your next mediation with us.
NC Board Certified Specialist in Family Law
Mediation FAQs for Clients
Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with the help of a neutral third person (or persons), called the mediator. Unlike a judge or an arbitrator, the mediator does not take sides or make decisions. The mediator, usually trained in conflict resolution, is there to help the disputants evaluate their goals and options in order to formulate their own solution. To achieve the fairest results possible, you both take an active part in your divorce and turn what could be a battle for control into a search for mutually beneficial solutions.
Mediation can take place over a series of sessions. But, more often than not, it is scheduled for a continuous amount of time to keep the negotiations going. Sessions are generally held in the privacy of the mediator’s office or an attorney’s office, and begin with all involved signing an agreement that the negotiations will be kept confidential. At the end of a successful mediation, the mediator will prepare a Memorandum or writing expressing the agreements of the parties, at least on the issues which were resolved. Any formal agreement will be drafted by your or your spouse’s lawyer.
The mediator’s role is to move the parties beyond personality clashes and historic grievances. Only then, can the mediator help you improve communication so any future dealings can take place without repeating the difficulties of the past. Mediation is a useful tool because it adds a new dimension to the negotiations. Because the mediator’s purpose is to help guide you to find solutions that you can both agree to, he/she does not have the power to decide your case, or in any other way, act as a judge nor does he/she have a fixed result in mind to urge you toward.
Mediators can increase the likelihood of a negotiated settlement by bringing the skills, creativity, and influence of trained, impartial third parties to bear on the problem. Perhaps more importantly, frequently mediation can save time and money.
Mediation keeps your options open and reduces issues of conflict. Although most who undertake mediation have a successful conclusion, some do not. If mediation doesn’t work, you can still sue and go to court or engage in arbitration.
It is becoming very common for our clients to ask about alternative dispute resolution (ADR). In fact, in many judicial districts in North Carolina, the district court has adopted rules for mandated ADR in family law cases. The goal of the Administrative Office of the Courts is to have statewide mandatory custody mediation and mandatory ADR for the resolution of financial issues related to separation and divorce. Even after you file a lawsuit, statistics show that 80 to 90 percent of court cases settle before trial.
Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of your life is on hold while you are waiting for a trial date, wondering and worrying about the outcome.
Matrimonial arbitration can be used to resolve multiple or single family law issues which the parties agree by contract to submit to the arbitration process. Some parties are bound by the terms of prior contracts, such as premarital agreements, to submit their marital disputes to arbitration.
There are many benefits of arbitration. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control over the process in that they select their decision maker by mutual agreement. By contract, the parties can determine how evidence will be presented,
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What Our Clients Say
Google Review - Patrick McCroskey
Patrick is the best attorney in the Asheville area. Listen to his advise and let him do his job and you will receive the best possible outcome. He is smart, articulate and is worth it. . I couldn’t have made it thru such a difficult x husband without his legal expertise and help.
Avvo Review - Janet Amburgey
Excellent family law/divorce attorney. She is knowledgeable and knows the divorce laws. Aggressive and settled my difficult divorce in mediation. Excellent outcome, received more than I was asking for. She & the staff are quick to respond, friendly, & kept me informed of the process and fees were reasonable. Would highly recommend her services.
Avvo Review on Patrick McCroskey
I was engaged in a very difficult divorce process and if it had not been for Patrick McrCroskey I might have lost my determination to resolve it in the spirit of Grace. ... an amicable agreement was reached in the best interests of the entire family. Mr. McCroskey listened to my desires and helped me understand my needs in the process. He is truly a "Counselor" at Law. I am forever thankful.
Martindale Review - Patrick McCroskey
If you want the best attorney in the Asheville area you have come to the right man. I couldn’t have made it they my do or e without his experience, knowledge and advice. Trust him and all will be great.
Avvo Review - Patrick McCroskey
Patrick worked hard to help and get me what I fairly deserved out of my Divorce. He is extremely honest and intelligent, knows the law and is a respectful listener. ... He did his job very well and was always calm, cool and collected. He is the best for a reason. Thank you Mr. McCroskey for getting me to the other side of Divorce.
Google Review - Patrick McCroskey
Patrick is wonderful! Very knowledgeable, patient and kind. He helped me figure out the best plan of action during a difficult time, and explained every possible scenario. He gives you plenty of time to explain your situation and encourages you to ask questions throughout the process so there is no confusion. I highly recommend him!
Martindale Review - Janet Amburgey
She is the best of the young family lawyers in town.