Bell Carrington & Price’s mediation and alternative dispute resolution practice group attorneys serve as mediators, arbitrators and neutral evaluators in pending or potential civil actions in the Carolinas. As mediators, our attorneys act as impartial, neutral and unbiased third parties assisting all parties to litigation or potential litigation with communicating perspectives clearly, clarifying issues, exploring options and reaching voluntary agreements, if possible. As arbitrators, our attorneys render well-reasoned, enforceable decisions based upon facts and issues presented by the litigants.
What is Mediation?
Mediation is the process by which the parties use a neutral person to assist in communication towards an agreement. It is a personal, interactive, problem-solving method used to improve understanding and resolve problems in the most beneficial way for everyone involved. Emphasis is placed on all parties involved being heard and understood, and the process is private, confidential and considerably less expensive than protracted litigation. Mediation is also a voluntary, collaborative and controlled process created by the firm’s mediators to maximize the potential for settlement of the dispute(s).
Benefits to mediation include improved communication, the use of constructive problem-solving, control over the outcome, a collaborative resolution and, therefore, increased likelihood of follow‑through. Additionally, mediation makes business sense, given that its cost is substantially less than that of extended litigation.
What is Arbitration?
Simply put, arbitration is the process by which the parties agree to allow a trained arbitrator decide their dispute. The arbitrator will hear evidence and make a written decision. The arbitrator’s decision then goes to a judge in the applicable court for ratification–the process by which the arbitrator’s decision becomes a court order.