Alternatives to Trial
When individuals or businesses cannot resolve a dispute or a claim, going to court is always an option. However, litigation is increasingly expensive, time-consuming and stressful for the participants. Court systems across the State are suffering from crowded court calendars and backlogged cases. Alternative forms of dispute resolution have developed and have become prevalent in North Carolina. The forms of alternative dispute resolution available at Irvine Law Firm include Mediation, Arbitration and Collaborative Law.
Mediation is a settlement procedure whereby opposing sides of a dispute work together toward a settlement or resolution of the dispute with the assistance of a neutral Mediator. Mediation provides the parties an opportunity to resolve their disputes in a way that is mutually acceptable and can avoid protracted litigation. It is important to remember that the Mediator’s ultimate goal is to help the parties resolve the dispute themselves. Mediation has been mandatory statewide in all Civil Superior Court cases since 1997. Family Financial Mediations in family law cases became mandatory in all districts in March of 2007. The Rules governing Court Ordered Superior Court mediations now require that that the mediator be certified by the North Carolina Dispute Resolution Commission. The Rules governing Family Financial mediations now require that mediators appointed by the Court be certified as well.
Both Stephanie Irvine and David Irvine have extensive training and experience as mediators. Stephanie Irvine is certified as a Family Financial Mediator by the North Carolina Dispute Resolution Commission. David Irvine is certified by the Dispute Resolution Commission as both a Superior Court mediator and a Family Financial Mediator. As a result of their experience and multiple certifications, Stephanie and David Irvine have become some of the most sought-after mediators in the districts in which they practice, mediating 6 to 10 cases per month.
Arbitration is more like a trial in that the Arbitrator considers evidence presented by opposing sides in a dispute and makes a decision called an Award. Even though most arbitrations resemble a courtroom trial, arbitrations tend to be more efficient and less expensive than trials in court.
Many contracts contain a mandatory arbitration provision, which means that the parties must arbitrate their dispute before filing a lawsuit. David and Stephanie Irvine have experience representing clients in arbitrations. They have also arbitrated family law cases for other attorneys and their clients. David Irvine has experience arbitrating construction disputes, insurance and personal injury matters.
Collaborative Law is an emerging approach to legal disputes most commonly used in family law cases. Unlike litigation, which is an adversarial process, the collaborative law approach is a joint problem-solving approach. When attorneys agree to use a collaborative law approach to a family case, the parties and their attorneys agree in advance to work together to solve the disputes that arise between the parties. An attorney in a collaborative law setting often uses very different skills than he or she would use in the typical adversarial style of litigation. For this reason, if the collaborative approach is unsuccessful, those attorneys will usually decline to represent the parties in litigation. However, if successful, the collaborative law approach to divorce and family issues can result in a far better working environment for both the parties and any children involved in domestic disputes.
Having litigated numerous domestic cases over many years, the lawyers at Irvine Law Firm have seen the stress, anguish and bitterness that often accompanies those cases. It is also an unfortunate fact that children often suffer as a result of the domestic disputes of their parents. For these reasons, we strongly advocate alternatives to litigation, especially in family law cases. Because of our experience with Mediation and Arbitration, as well as our extensive litigation experience, we feel that we are well-equipped to help guide our clients through the collaborative law approach to legal disputes, if that is the appropriate path.
