Mediation Services

Gil File has been certified by the North Carolina Dispute Resolution Commission to serve as a Mediator for Civil Superior Court cases. As a former Wake County Clerk of Superior Court and Probate Judge, Gil has presided over proceedings related to the collection and enforcement of judgments; incompetency, guardianship, estate and trust matters; and property disputes. Gil has also litigated difficult and challenging cases in each of these arenas. This experience as judge and litigator provides a unique background with which to assist parties achieve a mutual, predictable, and final outcome for their dispute and therefore mitigate if not avoid entirely the costs, risk and uncertainty inherent in litigation. Although mediation has been infrequently used in estate, trust, and guardianship matters, such cases can benefit greatly from mediation, especially since these cases often involve the most intimate and trusted relationships. Learn more about Mediation, the Mediation Process, Confidentiality, and How Mediation Can Help.

 A certified mediator has completed at least 40 hours of formal mediation training and met the other educational and training requirements necessary for certification. Mediators must be neutral in the dispute, are bound by the Standards of Professional Conduct adopted by the North Carolina Supreme Court, and are required to keep all information strictly confidential.

The mediation conference is attended by the parties and/or decision-makers and their respective legal counsel. The mediation typically involves an opening session where all the parties are present, and provide a concise opening or presentation about the dispute. The opening session informs the mediator about the nature of the dispute, such as the claims, defenses, damages, and factual allegations. It is also an opportunity where the lawyer and/or party may speak directly to the other parties involved. From there, the mediator will split the parties into separate rooms, and the mediator will have separate conferences with each party. The mediator will discuss the relevant information and consideration with each party, and will convey non-confidential information and offers to the other party, and will also help the parties consider relevant information, other possible options, and will work the parties toward a creative solution for mutual gain. Often, these solutions are much more flexible, productive, and predictable than a court decision.

It is important to distinguish confidentiality from inadmissibility. Generally, mediators have a duty to keep all information, statements, and offers confidentially, and not disclose such information, directly or indirectly, to any non-participants. A mediator also cannot share information to another participant if such information was designated as confidential, unless given the express permission to share it.  There is an exception for a credible threat of harm to the public or to another participant’s person or property. Additionally, information, statements made during the mediation, and offers are inadmissible in any court proceeding for that civil case or another civil case relating to the same claim(s). Parties may share information outside the civil courtroom unless the parties have a confidentiality agreement. Most of the time, the fact that offers and statements made during the mediation process are inadmissible in the civil case is protection enough. Otherwise, attorneys will take further steps to protect trade secrets and reputation through a confidentiality agreement. If you have any questions regarding confidentiality, please be sure to ask your legal counsel. Read more about How Mediation Can Help.