Frequently Asked Questions About Mediation

Mediation works best when people talk face-to-face. We offer mediation in person in Buncombe, Henderson, Polk, and Transylvania counties.

We do not offer mediation in separate rooms or where you don’t have to see the other person. We can sometimes do mediation on Zoom when someone lives very far away or isn't able to leave their house.

We will work with you and the other person to find a time that works for everyone. If you an the other person are flexible, we can usually schedule mediation within a couple of weeks. We have appointments on weekdays in the morning, afternoon, and evening.

Mediation for conflicts involving small groups of neighbors, family members, friends, roommates, or other community associates is FREE. When our professional mediators work with large group, businesses, or organizations, we charge reasonable fees. Please call us to learn more.

Our team of mediators consists of local staff and volunteers trained to facilitate the mediation process. All our mediators have completed 50 hours of classroom-based training, and an addition 16 hours of continuing education per year. Many mediators are certified by the NC Dispute Resolution Commission . Our mediators have a wide variety of backgrounds and interests. Each of our mediators will walk you through the conflict resolution process.. Our mediators will remain neutral and non-judgmental throughout the mediation process. Our mediators will not tell you what to do, give advice, or decide who/what is right or wrong. There will usually be two mediators working together.

Everyone comes to the meeting place and sits down together. The mediators will explain how the process work. Then, they will invite each person to talk about what brought them to mediation. The mediators will work on understanding and ask questions to clarify. Then, the mediators will help you make a list of the topics you want to use mediation to work on. From there, they will walk you through a collaborative brainstorming process to support you in finding ideas that work for everyone. If there are areas of agreement, they can help you put the agreement or plan in writing.

Yes, mediation is confidential. Mediators cannot share information about what happened during mediation with few exceptions. The mediators cannot testify in a court cases or share information with anyone outside of the Mediation Center about what was said.

Exceptions to the confidentiality of mediation include information related to mandatory reporting. This encompasses topics such as elder abuse, child abuse, abuse of an adult with disabilities, or threats to public safety.

Each mediation session is scheduled for two hours. If extra time is needed, another mediation session can be scheduled at the conclusion of the first session. The mediation participants decide how many times they want to come to mediation.

Our mediation process works best when only the people directly involved in conflict attend.

Mediators do not decide who is right or wrong, so there is no need to bring witnesses.

If you need a support person because of a disability, please let us know that information as soon as possible. Then, we can make a plan to accommodate these needs.

Community mediation is different than other kinds of mediation in that lawyers don't generally participate.

If you would like to bring a lawyer to the mediation session, please let the Community Mediation Coordinator know so they can talk with you about next steps. You can also have your lawyer call us. If a lawyer arrives unexpectedly, we will have to cancel your session until we can talk with everyone involved.

Before arriving, it may be helpful to think through the following questions:

• What is most important to you about the conflict?
• What ideas do you have about how to resolve the conflict?
• How do you want to communicate your concerns and ideas to the other party?

Mediators don't review evidence or documents, since they won't be deciding who is right or wrong.

If you have scheduled mediation and can no longer attend, please call us as soon as possible. We can reschedule your sessions one or two times. After that, we will not be able to provide mediation for you.

If you have reached an agreement and it’s not working or the situation has changed, we are happy to schedule another mediation session. Please give us a call or send an e-mail.

Research shows that most people follow agreements made in mediation. For questions about mediation and the law, it is best to ask an attorney. In North Carolina mediators (including our staff) are not allowed to give legal advice.

Mediation is most likely to be effective in resolving disputes when parties participate voluntarily. The Mediation Center recognizes that there may be consequences for parties who do not participate. For example, the district attorney may decline to prosecute their case. Parties are encouraged to seek such information from their lawyer or from court personnel during their court appearance.