MEDIATION AND ARBITRATION

Mediation Services:

Tom Kilpatrick serves as a mediator for civil disputes throughout North Carolina.  He is characteristically patient, imaginative, and determined to help litigants make smart decisions and find resolution to their cases.  For several years, Tom has been certified as a mediator for civil Superior Court cases and has mediated a variety of cases ranging from personal injury cases to insurance coverage disputes to real estate disputes. Tom also serves as a mediator, and in some cases as an arbitrator, of fee dispute cases as part of the Tenth Judicial District’s fee dispute program.  Please feel free to contact us to schedule your mediation at a convenient time and place.  Our fees for mediation are competitive.

Mediation Representation:

In North Carolina, all parties to civil cases filed in Superior Court (cases where the amount in controversy must be at least $10,000) are ordered to mediation.

We also represent parties who are participating in mediation or arbitration. Sometimes a case needs to be resolved outside of court.  A court trial is expensive, inconvenient for the parties, time-consuming, and distracting for the client and clients' businesses.  As compared to a trial, resolutions outside of court are almost always quicker, less expensive, and perhaps most importantly – definitive, without further appeals.  Clients often prefer settlements because they have some control over the final outcome and can influence how the disputing parties will proceed in the future.  Out-of-court settlements are also frequently kept private and confidential.

Arbitration:

Many types of written agreements require arbitration if a dispute arises.  These arbitration clauses are sometimes enforceable and sometimes not.  We evaluate the arbitration clause and determine whether arbitration is in fact required, and then guide our clients in establishing where, when, and how that arbitration is to occur.  

Tom Kilpatrick is experienced with arbitrations, having both represented parties in arbitrations and having served as an arbitrator of disputes.  As always, our commitment to our clients is to provide them value -- the best representation possible in a cost-effective manner.   

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