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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.

Image of Patrick McCroskeyand And his paralegal Libby Smith discussing documents.

NC Board Certified Specialist in Family Law
AAML Fellow

Mediation FAQs for Clients

What is Mediation?

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.

How Does Mediation Work?

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.

What to Expect from Your Mediator

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.

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What are the Benefits of Mediation?

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.

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What is ADR?

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.

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Why is ADR Encouraged?

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.

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What is Arbitration

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.

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What are the Benefits of 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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