Mediation and Alternative Dispute Resolution
Litigation is not always the best way to resolve a dispute. Our attorneys are well-versed in helping parties find non-litigation alternatives that are often better suited to business needs than a decision by judge or jury. During the last four decades alternative dispute resolution methods have greatly expanded and are used in many areas of practice to resolve disputes in lieu of trial. Our attorneys who practice in this area are experienced litigators who know the costs, risks, time and uncertainty of going to trial, and can help guide litigants in reaching a negotiated resolution on their own terms.
Superior Court Mediation
Mediated settlement conferences are mandated for litigation in Superior Court in North Carolina, and parties may voluntarily choose to mediate prior to litigation. A mediated settlement conference involves representatives with authority to settle a dispute and their attorneys in negotiation enhanced by the efforts of a neutral mediator. While there are a number of qualified certified mediators available, relatively few have concentrated their professional careers in commercial litigation. Pamela Duffy is certified to mediate disputes in the Superior Court division of North Carolina. Pamela has practiced as an advocate in the Superior Court, the North Carolina Business Court and in Federal Court for over eighteen years, engaging in a wide variety of Commercial Litigation as well as Estate Litigation. Pamela has substantial experience in complex commercial litigation, motion practice and the negotiation and the trial of commercial disputes and estate matters. She has successfully appealed commercial issues in the state and federal courts and has a broad and deep understanding of the procedural and substantive authority governing commercial issues.
Alternative Dispute Resolution of Family Law Issues
Family Financial Settlement Conferences
In most districts across North Carolina the Chief District Court judge has adopted local rules to comply with a statewide mandate which require some form of alternative dispute resolution. One of those options is a mediated settlement conference. While there is no requirement that family law mediators be certified by the Dispute Resolution Commission, Wade Harrison and Hillary Whitaker are Certified Family Financial Mediators. Wade has tried family law cases for over two decades and continues an active trial practice. He has been responsible for cases involving every type of family law issue including the equitable distribution of a great variety of substantially valuable marital assets. Hillary has been responsible for the negotiation of scores of significant legal issues in her fifteen year career focused exclusively in family law.
Family Law Arbitration
North Carolina is the first state in the union to adopt a law authorizing the binding arbitration of family issues except child custody. Unlike mediation, parties who elect binding arbitration may be bound by the arbitrator's decision. Arbitration offers many advantages to litigants. It is more convenient than court. Arbitrations can be scheduled with certainty. The parties can control the issues to be arbitrated and the order of the decisions about the issues. The parties can agree to relax rules of evidence and make the proceeding more informal. Bullet arbitration is available when everything but one issue can be settled. Arbitrators write their own reasoned opinions and must deliver the opinion within thirty days of the close of the evidence. Wade Harrison has been certified in Matrimonial Arbitration by the American Academy of Matrimonial Lawyers. His experience, temperament, knowledge and fairness make him an excellent choice for the arbitration of matrimonial issues.
Collaborative Family Practice
The collaborative approach to the resolution of matrimonial disputes involves a full disclosure of pertinent information followed by four way negotiation involving parties and their attorneys. There are rules governing the conduct of the parties. The original collaborative model requires that attorneys who withdraw from the collaborative process be disqualified from representing a client in litigation. There is a hybrid model that permits mediation/arbitration to resolve disputes the parties can not resolve themselves. Wade Harrison and Hillary Whitaker have been trained in the collaborative model and have been instrumental in bringing the model to Alamance County.
|
