What type of mediation allows a mediator to issue a legally binding decision?

Prepare for the North Carolina Certified Paralegal Exam with flashcards and multiple-choice questions featuring hints and explanations. Ensure success on your NCCP Exam!

Binding mediation is a specific form of mediation where the mediator has the authority to issue a legally binding decision on the parties involved. This process typically involves a mediator who not only facilitates the discussion between the parties but also serves as a decision-maker, making it distinct from other types of mediation, such as facilitative or non-binding mediation, where the mediator's role is to help parties reach a voluntary agreement without the power to enforce a decision.

In binding mediation, the parties usually agree in advance that they will accept the mediator's decision as final and enforceable. This can streamline dispute resolution when parties desire a quicker resolution without resorting to litigation. This characteristic leads to increased efficiency in reaching a final decision, rather than relying solely on the parties to negotiate their own settlement.

Other forms of mediation, like facilitative and non-binding mediation, focus on the mediator helping to guide the conversation and promoting collaboration between the parties to reach an agreement that both sides can accept voluntarily. Collaborative mediation, while promoting a cooperative atmosphere, similarly lacks the binding authority assigned to mediators in binding mediation.

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