Charlotte, North Carolina, Mediation Attorneys
Pre-trial mediation is now mandatory in all Equitable Distribution actions filed in North Carolina. Pre-trial mediation is also mandatory in almost all superior court civil cases. So what is mediation? It is a settlement conference in which all the parties and their counsel work with an impartial neutral (the mediator) to reach a voluntary resolution of the matters in controversy. Mediators receive extensive training and must be certified by the North Carolina Dispute Resolution Commission as Family Financial Mediators or Superior Court Mediators.
In a traditional trial, a judge, jury or arbitrator decide the outcome of the dispute. Mediation offers litigants opportunity, motivation and guidance to agree voluntarily on the issues involved and thus control the outcome themselves. The parties decide if they want to accept a known result created by them. Cases that settle at mediation, or as result thereof, are less costly in both time and money. Of course, mediation does not work in all cases, and when it does not, the case proceeds to trial.
Family Financial Mediation
Edward S. ("Ted") Shapack has been certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator since 2000 and he negotiated and mediated cases for many years before that. Ted has also been a Board-Certified Family Law Specialist since 1996. He has helped families with the important financial aspects of divorce since he began practicing family law in 1987.
Ted helps parties develop inventive, innovative and insightful resolutions by discovering and addressing the unique needs of the parties. He regularly drafts the settlement documents as part of the conference to bring closure sooner and to reduce costs. Ted strives to get consent orders entered following mediation whenever possible.
Superior Court Mediation
Claire K. Shapack has been certified by the North Carolina Dispute Resolution Commission as a Superior Court Mediator since 2003. Claire has represented clients in a range of civil practice areas since 1996, including personal injury, commercial and residential landlord-tenant, premises liability, homeowners' association disputes, contract disputes and unfair trade practices.
Claire's broad experience gives her insight when mediating the varied civil cases filed in superior court. She has found that the success of a mediated settlement conference is largely dependent on the attitude of the parties and their attorneys. When the parties want to settle the matter, they usually do. The current Revised Rules Implementing Statewide Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions require that a mediated settlement agreement be reduced to writing and signed by the parties and their attorneys as part of the conference.
Benefits to our Clients
Ted's and Claire's knowledge and experience as mediators allow them to be more effective advocates and counselors when representing their clients in the mediation process.
Lawsuits become part of the of the public record, and increasingly, parties voluntarily choose pre-suit mediation to keep their disputes and resolutions private. Also, pre-suit mediation is often less costly and more speedy than traditional litigation. If a pre-suit mediated settlement conference is not successful, parties can then file a lawsuit. However, under the current Local Rules Governing Mediated Settlement Conferences in Superior Court Civil Actions for the 26th Judicial District , parties who choose to participate in pre-suit mediation must still participate in post-suit mediation unless excused by the Court.
Free parking. Located in the Cameron Brown Building across the street from the Mecklenburg County Courthouse.
Shapack & Shapack, P.A.