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984-265-7800
Book Consultation
984-265-7800
Book Consultation
984-265-7800
Book Consultation
984-265-7800
Mediation preserves control for the parties and reduces the time and expense of contested court proceedings. It can protect relationships by keeping discussions private and focusing on shared priorities, and it often results in solutions that courts cannot easily provide, such as tailored distribution plans and payment arrangements.
Mediation encourages constructive communication and can reduce hostility by keeping discussions private and focused on mutually acceptable outcomes rather than adversarial courtroom battles.
Hatcher Legal combines in-depth knowledge of probate and trust law with a collaborative approach to dispute resolution. We guide clients through preparation, negotiation, and final agreement drafting to ensure enforceable outcomes.
We convert settlement terms into a clear, enforceable agreement and advise on whether to file the agreement with the probate court or incorporate terms into revised estate documents.
Mediation is a voluntary, confidential negotiation process led by a neutral facilitator where parties work toward a mutually acceptable settlement. Probate litigation is a court process that can resolve disputes through judge rulings and may require formal filings, hearings, and a longer timeline. Mediation often resolves matters faster and with less expense than litigation, while litigation may be necessary when parties cannot or will not reach agreement or when a legal precedent is required to resolve a key issue.
The duration of mediation varies by complexity and the number of parties involved. Simple matters may resolve in a single session, while more complex disputes with valuation or business issues can require multiple sessions over several weeks or months. Preparation shortens overall time, so gathering documents and clarifying goals before the first session helps the process move more efficiently.
In North Carolina, mediation communications and most settlement discussions are generally treated as confidential and inadmissible in court, encouraging candid negotiation. However, confidentiality has limits, such as disclosures required by law or admissions of criminal activity. Your attorney will explain confidentiality rules for your case and ensure privileged information is protected to the extent permitted under North Carolina law.
A mediator does not represent any party or provide legal advice; their role is to facilitate discussion and help parties explore options. Each party should have separate legal counsel to receive advice about rights, risks, and the legal effect of proposed agreements. Hatcher Legal attorneys participate in mediation to protect client interests, explain legal consequences of settlement terms, and assist with drafting enforceable agreements.
Yes. Mediation is well suited to disputes involving business interests because it allows negotiation of buyouts, management transitions, or structured settlements that preserve business value. Independent valuations or financial advisors can be engaged to provide objective information during the process. A mediated solution can be tailored to the business context in ways a court order may not, which can help maintain continuity and reduce disruption to operations.
Bring copies of the will, trust documents, account statements, asset inventories, recent appraisals, and any correspondence relevant to the dispute. A list of questions or priorities you want addressed can help focus the session. Also bring the contact information for advisors such as accountants or appraisers if their input may be needed, and consult with your attorney beforehand to clarify goals and nonnegotiable items.
Costs vary depending on mediator fees, attorney time, and the number of sessions required. Mediation often costs less than litigation because it typically requires fewer formal filings and less court time. Hatcher Legal will discuss fee options during the initial consultation, including hourly billing, flat-fee arrangements for mediation preparation, and estimates based on anticipated session length.
If mediation does not result in a settlement, parties retain all litigation options, including filing motions in probate court or pursuing trial. Nothing said in mediation prevents a party from later seeking relief in court if talks fail. Sometimes partial agreements can be reached on some issues while others proceed to litigation, reducing the scope and cost of any subsequent court process.
Mediation itself does not change your legal rights unless you sign a written settlement agreement that alters those rights. Any signed agreement becomes a binding contract, and it can be filed with the court to resolve the dispute formally. Before signing, your attorney will review proposed terms to ensure they are consistent with your legal interests and fully inform you of consequences.
To start, contact Hatcher Legal at 984-265-7800 or use our website to request a consultation. We will conduct an intake to understand the dispute, gather documents, and recommend next steps including mediator selection and preparation. After the initial review, we set a schedule for mediation sessions and coordinate with other parties and advisors so the process proceeds efficiently and with realistic goals.
