Court-Ordered Mediation in North Carolina Civil Cases: How It Works, Why Courts Encourage Settlement, and What to Expect

If you are involved in a North Carolina civil lawsuit—whether in Charlotte and Mecklenburg County, Raleigh (Wake County), Durham, Greensboro (Guilford County), Winston-Salem (Forsyth County), Fayetteville (Cumberland County), Wilmington (New Hanover County), Asheville (Buncombe County), or anywhere else across the state—there is a strong likelihood your case will be sent to mediation before trial.

North Carolina courts actively promote settlement, and court-ordered mediation is one of the primary tools used to resolve civil cases efficiently, reduce litigation costs, and limit the need for jury trials.

Below is a North Carolina–specific, plain-English guide explaining how court-ordered mediation works, why courts encourage settlement, how parties can mediate early, what a mediator is, who pays for mediation, and how mediations are typically conducted.

This article is for general informational purposes only and is not legal advice.

What Is Mediation in a North Carolina Civil Case?

Mediation is a structured settlement process in which a neutral third party, called a mediator, helps the parties attempt to resolve their dispute without a judge or jury deciding the outcome.

In North Carolina civil cases, mediation is governed primarily by:

·       North Carolina General Statutes § 7A-38.1 (mediated settlement conferences in Superior Court)

·       Rules and standards set by the North Carolina Dispute Resolution Commission (NCDRC)

A mediator does not decide the case, rule on motions, or force a settlement. Instead, the mediator:

·       facilitates communication,

·       helps parties assess risks and weaknesses,

·       encourages realistic settlement discussions,

·       and assists in reaching a voluntary resolution.

Why North Carolina Courts Strongly Encourage Settlement

North Carolina courts strongly favor settlement whenever possible.

Courts encourage mediation because it:

·       reduces crowded court dockets,

·       lowers legal expenses for parties,

·       speeds up case resolution,

·       allows parties to control the outcome,

·       avoids the uncertainty of jury trials.

Judges in Mecklenburg County, Wake County, Guilford County, and Durham County routinely order mediation and emphasize that most civil cases should resolve without trial.

When Is Mediation Required in North Carolina?

 

Mandatory mediated settlement conferences (MSC)

In most Superior Court civil actions, North Carolina requires parties to attend a Mediated Settlement Conference (MSC) unless the court grants an exemption.

Typical timing

·       Ordered after the case is at issue

·       Often after meaningful discovery

·       Usually before trial is calendared

Failure to attend a court-ordered mediation in good faith can result in sanctions, including costs and attorney’s fees.

Can Parties Mediate Early—Before It’s Required?

Yes. Parties may agree to mediate at any time, even:

·       before a lawsuit is filed,

·       early in the case before discovery is complete,

·       after key depositions,

·       or after dispositive motions are filed.

Benefits of early mediation

·       reduced litigation costs,

·       faster resolution,

·       minimized disruption to businesses and families,

·       preservation of ongoing relationships,

·       earlier certainty and closure.

In business disputes, personal injury cases, construction litigation, and employment matters, early mediation often leads to efficient settlements.

What Is a Mediator in North Carolina?

A mediator is a neutral professional trained to facilitate settlement discussions.

North Carolina mediators:

·       must be certified by the North Carolina Dispute Resolution Commission for court-ordered mediations,

·       may be attorneys, former judges, or professionals with specialized training,

·       must comply with strict ethical, confidentiality, and neutrality standards.

Many parties prefer mediators with:

·       litigation experience,

·       subject-matter knowledge,

·       familiarity with local courts and jury tendencies.

Who Pays for the Mediator in North Carolina?

In most North Carolina civil cases:

·       the mediator’s fee is split equally between the parties, unless they agree otherwise or the court orders a different allocation.

Key points on mediation costs

·       Fees vary by experience and region

·       Former judges and highly sought-after mediators may charge higher rates

·       Cost-sharing is typically addressed in the court’s mediation order or mediation agreement

In certain cases, especially involving financial hardship, courts may adjust fee responsibility.

How Mediations Are Typically Conducted in North Carolina

Mediation format

North Carolina mediations may be conducted:

·       in person,

·       remotely (Zoom or similar platforms),

·       or in a hybrid format.

Remote mediations are now common throughout Charlotte, Raleigh, Greensboro, Wilmington, and Asheville.

Typical mediation structure

1.     Opening session

o   Mediator explains the process and ground rules

o   Confidentiality is emphasized

o   Opening statements may be given by counsel

2.     Private caucuses

o   Parties are separated into private rooms

o   Mediator meets privately with each side

o   Legal strengths, weaknesses, and risks are discussed confidentially

3.     Negotiation

o   Offers and counteroffers are exchanged

o   Mediator helps parties evaluate trial risk, timing, and costs

o   Creative settlement options may be explored

4.     Resolution or impasse

o   If settlement is reached, it is reduced to a written agreement

o   If not, the case proceeds toward trial

Confidentiality of Mediation in North Carolina

Mediation in North Carolina is confidential by law.

·       Statements made during mediation cannot be used at trial

·       Settlement discussions are protected

·       Mediators cannot testify about what occurred during mediation

This confidentiality allows parties to negotiate openly without fear of legal consequences.

The Role of Attorneys at Mediation

While parties may attend mediation without counsel, doing so is rarely advisable in contested civil litigation.

An experienced North Carolina civil litigation attorney:

·       prepares the case for mediation,

·       evaluates settlement value realistically,

·       protects against unfair settlement terms,

·       understands local court practices and jury dynamics,

·       ensures any settlement agreement is enforceable.

In Charlotte, Raleigh, Greensboro, and Wilmington, mediators generally expect attorneys—not clients—to handle substantive negotiations.

Why Mediation Is Often the Turning Point in a North Carolina Case

In real-world North Carolina litigation:

·       mediation is often the first time both sides confront true trial risk,

·       discovery evidence is fully evaluated,

·       litigation costs and delays become concrete,

·       expectations are recalibrated.

As a result, many North Carolina civil cases settle at mediation or shortly thereafter, even if they do not resolve on the mediation date itself.

Key Takeaways: Court-Ordered Mediation in North Carolina

·       North Carolina courts strongly encourage settlement

·       Most Superior Court cases require mediation

·       Parties may mediate early by agreement

·       Mediators are neutral, certified professionals

·       Mediation costs are typically shared

·       Mediation is confidential and non-binding unless settled

·       Experienced legal counsel improves outcomes

Need Help Preparing for Mediation in a North Carolina Civil Case?

If your case involves mediation in Mecklenburg County, Wake County, Guilford County, New Hanover County, Buncombe County, or anywhere else in North Carolina, working with an experienced civil litigation attorney can mean the difference between:

·       a controlled resolution and prolonged litigation,

·       a fair settlement and a missed opportunity,

·       closure and years of continued dispute.