I am here to help. Call now.
919-808-2826

     

Author Archives: Barri Payne

The Year Long Separation

Can my spouse and I agree we have been separated for over a year? In other words, if we agree, does it matter when one of us actually moves out of the house? No, you cannot “agree” on a separation date. When you file the Complaint you will have to...

How Much is Your Pet Worth To You?

Reflections on a Recent NC Appellate Case Should we be able to recover monetary damages for the loss of our pet? If so, how is the pet’s value determined? Does the pet have intrinsic value beyond the cost of purchase? What about recovery for non-economic damages such as loss of...

Is Mediation Negotiation Admissible?

If my case goes to trial, will the Judge hear about what we discussed at the mediation? No. The negotiations that occur as part of a mediation are confidential and cannot be disclosed at trial to a Judge or jury. Neither party may subpoena the mediator and require the mediator’s...

What if Mediation doesn’t work?

What if my case is not resolved through mediation? If you are not successful at mediation, you and the other party, and/or your attorneys can continue to negotiate. If negotiations continue to be unsuccessful in bringing about a resolution, parties may still pursue arbitration or litigation.

What if My Spouse Won’t Negotiate?

Can one spouse quit during the mediation? Mediation is a voluntary process. There is nothing about mediation that requires a definitive resolution. This can be beneficial in allowing parties to resolve only the issues that they want at a pace that is appropriate for their situation. However, if matters remain...

Consulting Your Attorney During Mediation

Will I have an opportunity to speak privately with my attorney during mediation? Yes, if at any point during the process you wish to speak privately with your attorney, you may ask the mediator to step out of the room while you speak.

Is Mediation Binding?

If we reach a decision during mediation, is it binding? Yes. An agreement reached during a mediation can be made into a Court Order, enforceable like any other Court Order. An Order reached through mediation is also subject to the same standards as a Court Order for any future modifications.

Is an Attorney Required for Mediation?

Do I need to have an attorney for mediation? You are by no means required to have an attorney present for a mediation, but some people find them to be helpful, particularly if you are already involved in litigation. The process is slightly different depending on whether clients are or...