More than 80% of cases do not reach trial.
Most cases resolve without a full trial. Mediation is one of the main reasons. A mediator does not decide the case. The mediator’s role is to keep the conversation focused so the parties can test settlement options that a Buncombe County judge might never order in quite the same form. Arbitration, when it is used, is a different tool: a private decision-maker rather than a public trial can resolve the matter. Sometimes a hearing is still the next step. Montgomery Legal PLLC prepares for both.
When ADR is worth considering
Mediation fits when the parties can still trade terms: a parenting calendar, a house, support numbers. It is not a substitute for preparation, and it is not always appropriate, including when safety, hidden assets, or a party who will not negotiate in good faith make a hearing necessary. It is a structured alternative to putting every issue in front of a judge.
How we can help
- Advising whether mediation, arbitration, or another ADR process fits your matter, or whether court is the more realistic next step.
- Preparing you for mediation with documents and a clear list of what you need versus what you can trade: parenting calendars, asset lists, and pay information, not only a grievance list.
- Representing you in mediation so proposals are tested against the facts and against what a court could actually order.
- Drafting settlement terms that can be turned into an enforceable agreement or order, not a handshake that unravels the following week.
- Using arbitration when the parties have chosen a private decision rather than a trial, and explaining what that choice means before you make it.
- Continuing to trial when ADR does not produce an agreement, so mediation is a step in the case, not a delay that leaves you unprepared.
What to expect
A useful mediation session is prepared. Bring a proposed parenting calendar a child in Asheville can live, a current list of assets and debts, and the records that prove income and the house. Leave the binder of every old argument at home unless a specific fact is actually in dispute. If settlement is reached, the work is to write terms that the court can enter. If an agreement is not reached, you should leave knowing what remains for a hearing.
This page is general information, not legal advice. To discuss mediation or other alternatives to trial, use the Contact page. The cost calculator shows a sample estimate only; it is not a quote or a retainer.
Common questions
- What is mediation in a family case?
- A mediator does not decide the case. The role is to keep the conversation focused so the parties can test settlement options that a judge might never order in quite the same form. Most Western North Carolina family cases resolve without a full trial.
- When is ADR the wrong tool?
- When safety, hidden assets, or a party who will not negotiate in good faith make a hearing necessary. ADR is not a substitute for preparation, and it is not always appropriate.
- What makes a mediation session useful?
- A proposed parenting calendar a child can live, a current list of assets and debts, and the records that prove income and the house. If settlement is reached, the work is to write terms the court can enter.