Mediation & Arbitration

Mediation and arbitration provide structured ways to address disagreements outside of traditional litigation. Mediation gives parties an opportunity to work toward their own resolution with the assistance of a neutral mediator. Arbitration allows parties to present their dispute to a neutral arbitrator who makes a decision.

We provide mediation and arbitration services for individuals, businesses, attorneys, and organizations throughout North Carolina, with particular experience in business, contract, employment, estate, financial, real estate, HOA, technology, and other disputes.

Whether your goal is to reach an agreement or obtain a decision, our process provides structure, clarity, and a practical path toward resolution.

Contact us now about your Mediation & Arbitration needs.

Mediation

Mediation is a structured negotiation facilitated by a neutral third party. Mediators do not represent either party and do not decide who wins or loses. Instead, mediators help parties identify the issues that need to be resolved, communicate productively, evaluate possible solutions, and determine whether an agreement can be reached.

Some discussions may occur with everyone together. Others may take place privately with the mediator. The process can adapt to the dispute and the people involved. Most importantly, you remain responsible for the outcome. Settlement occurs only when everyone agrees to it.

Mediation may be appropriate for:

Business and ownership disputes
Contract disputes
Employment and workplace matters
HOA and community association disputes
Residential and commercial real estate matters
Estate, inheritance, and family property disputes
Financial disputes
Technology and software disputes
Consumer disputes
Other civil matters
Disputes that have not yet resulted in litigation
Pending lawsuits in which the parties want an opportunity to resolve the matter before trial

Mediation can occur voluntarily before a lawsuit is filed or as part of an existing court proceeding.

Arbitration

Sometimes parties need more than facilitated negotiation. They need someone to make the decision.

Arbitration is a dispute resolution process in which a neutral arbitrator receives evidence and arguments from the parties and issues a decision. Depending on the parties' agreement or the governing arbitration requirements, that decision may be binding (legally) or non-binding.

Arbitration is generally more structured than mediation but can be more flexible and streamlined than traditional courtroom litigation. Oarties may be able to establish procedures appropriate for the size and complexity of the dispute, including how documents are exchanged, whether testimony will be presented, whether a hearing will occur virtually or in person, and what type of decision the arbitrator will issue.

Arbitration may be appropriate for:

Business disputes
Contract disputes
Small-business disputes
Employment matters
Consumer matters
Financial disputes
Real estate and property disputes
HOA and community association matters
Technology and software disputes
Other matters subject to an arbitration agreement or voluntary submission to arbitration

North Carolina Superior Court Mediation

Civil cases filed in North Carolina Superior Court are subject to the Mediated Settlement Conference (MSC) Program.

A mediated settlement conference brings the parties, their attorneys, and a neutral mediator together to determine whether some or all of the dispute can be resolved before trial.

The mediator facilitates negotiations, helps identify the issues preventing resolution, and provides a structured environment for the parties to evaluate settlement possibilities.

Superior Court litigation can require significant time, discovery, expert involvement, attorney fees, and trial preparation. Mediation creates an opportunity to evaluate those costs and risks while the parties still retain control over the outcome.

Aimée Bickers and Sean Vitrano are North Carolina Dispute Resolution Commission Certified Superior Court Mediators.

Family Financial Mediation

Disputes arising from separation and divorce frequently involve property division, support, debt, business interests, retirement accounts, real estate, and other financial issues that must be resolved before the parties can fully move forward.

North Carolina's Family Financial Settlement Program provides a structured mediation process for many of these disputes and allows parties to work through financial issues with a neutral mediator rather than leaving every unresolved question for a judge to decide.

Mediators do not represent either spouse and do not make decisions for them. Mediators facilitate the negotiation so parties and their attorneys can identify areas of agreement, isolate remaining disagreements, and explore possible resolutions.

Family financial mediation may address issues involving:

Equitable distribution
Marital and divisible property
Real estate
Business interests
Retirement accounts
Debts and liabilities
Post-separation support
Alimony
Other financial issues arising from separation or divorce

Sean Vitrano is a North Carolina Dispute Resolution Commission Certified Family Financial Mediator.

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Mediation or Arbitration: What's the Difference?

The fundamental difference is who controls the outcome.

In mediation, the parties do. The mediator facilitates the discussion but cannot impose a settlement. If the parties do not agree, there is no settlement.

In arbitration, the arbitrator decides. Parties present the dispute and the arbitrator determines the outcome according to the authority provided by the arbitration agreement or submission.

That makes mediation particularly useful when parties want an opportunity to negotiate their own resolution, while arbitration can be useful when parties need a neutral decision-maker but want an alternative to traditional litigation.

Private Mediation

A lawsuit does not have to be pending before parties can utlized the mediation process.

Private mediation can be particularly useful when a disagreement has become difficult to resolve but parties would prefer to address it before positions become more entrenched, relationships deteriorate further, or litigation expenses begin accumulating.

Parties can agree to mediate a single issue or an entire dispute.

Private mediation may also provide greater flexibility concerning scheduling, participants, documents, and the structure of the mediation than a court proceeding.

Document-Only Arbitration

For smaller or more straightforward disputes, the parties may agree to submit the matter for decision based primarily or entirely on written materials.

Depending on the agreed process, those materials may include contracts, correspondence, invoices, photographs, business records, written statements, legal arguments, or other relevant documents.

After reviewing the submissions, the arbitrator will issue the type of award required by the parties' agreement.

Document-only arbitration can provide a more streamlined process when the amount or complexity of the dispute does not justify a traditional hearing.

North Carolina Arbitration & Mediation Law & Resources

North Carolina has established several court-connected dispute resolution programs designed to help parties resolve disputes without requiring every issue to proceed to trial. The North Carolina Dispute Resolution Commission (DRC), established under N.C. Gen. Stat. § 7A-38.2, certifies and regulates mediators who serve North Carolina's courts and supports the State's court-based mediation programs.

The rules and procedures that apply depend on the type of case and the court in which the matter is pending.

North Carolina Dispute Resolution Commission (NC DRC)
- The North Carolina Dispute Resolution Commission oversees mediator certification and regulation and provides information about North Carolina's court-based mediation programs.
Superior Court Mediated Settlement Conferences (N.C. Gen. Stat. § 7A-38.1)
- North Carolina's Mediated Settlement Conference (MSC) Program provides for mediated settlement conferences in Superior Court civil actions. The rules address matters including selection and appointment of mediators, attendance, scheduling, settlement procedures, mediator duties, fees, and reporting requirements.
Family Financial Settlement Program (N.C. Gen. Stat. § 7A-38.4A)
- North Carolina's Family Financial Settlement (FFS) Program provides dispute resolution procedures for certain financial issues arising in District Court family cases. The program may apply to matters involving equitable distribution, alimony, post-separation support, child support, and related financial claims. Mediation is the default settlement procedure when the parties do not select another available procedure.
North Carolina Arbitration (NC Court Ordered Arbitration & Mediation)
- North Carolina recognizes both private arbitration and court-ordered arbitration. The procedures and effect of an arbitration may depend on the parties' agreement, applicable arbitration rules, the North Carolina Revised Uniform Arbitration Act, and, when applicable, court rules governing court-ordered arbitration.

The laws, rules, and court procedures governing mediation and arbitration may change. The North Carolina Judicial Branch and North Carolina Dispute Resolution Commission resources linked above provide current rules, forms, and program information.

Frequently Asked Questions

Is mediation binding?: Participating in mediation does not ordinarily require parties to settle. Mediators do not impose an outcome. If you reach an agreement and formalize it, however, that agreement may create binding obligations.

Does the mediator decide who is right?: No. A mediator only facilitates the negotiation and helps parties work through their dispute. Parties decide whether they will settle and on what terms.

What happens if mediation does not result in a settlement?: The dispute continues through whatever process otherwise applies. That could include additional negotiation, arbitration, litigation, or another proceeding. Mediation can also resolve some issues while leaving others for later determination.

Do I need to have a lawsuit pending before I can mediate?: Parties can voluntarily mediate a dispute before litigation begins. Early mediation may be particularly useful when parties recognize that direct negotiations have stalled but want an opportunity to resolve the matter before filing suit.

Is arbitration binding?: It can be. Whether arbitration is binding depends on the arbitration agreement, applicable rules, court order, or other agreement establishing the arbitration process. The nature of the arbitration should be established before the proceeding begins.

What is a reasoned arbitration award?: A reasoned award provides an explanation for the arbitrator's decision rather than simply stating the result. Whether a reasoned award is required may depend on the parties' agreement or the rules governing the arbitration.

Can mediation or arbitration be conducted virtually?: Yes. Many disputes can be handled effectively through virtual proceedings. Whether virtual or in-person sessions are appropriate depends on the matter, participants, governing requirements, and agreed process. We can condut in-person Mediations and Arbitrations in our Wake Forest office.

Can I have an attorney with me?: Yes. Parties may be represented by counsel when appropriate or required. The mediator or arbitrator remains neutral and does not serve as legal counsel for either party.