Alan Hicks holds both B. A. and law degrees from the University of North Carolina at Chapel Hill. He was engaged in the private practice of law in Roxboro, NC from 1973 through 2018, and was the owner of his own firm for 25 years before retiring from active practice. He has tried both civil and criminal cases in District and Superior Courts throughout North Carolina, has argued cases before the North Carolina Court of Appeals and Supreme Court, and is admitted to practice in all Federal District Courts in this state, as well as the U. S. Bankruptcy Court for the Middle District of North Carolina.

He has been a certified mediator in Superior Court and in matters before the Clerk since 2007, during which time he has mediated disputes in numerous counties throughout the central piedmont of North Carolina. His experience in private practice informs his service as a mediator, in that he is able to bring practical experience to the various disputes with which parties may be faced.

Mediation Defined:

Mediation is the process where the parties meet with an impartial and neutral person who assists them in the negotiation of their differences. It could also be described as assisted negotiation. The decision power is strictly and totally with the parties. The mediator does not decide what is “right” or “fair”, does not assess blame or render an opinion on the merits or chances of success if the case was litigated. The mediator assists the parties in reaching an agreement that is acceptable to them, by bringing the opposing interests together to define issues and eliminate obstacles to communication, while guiding the process to avoid confrontation and ill will. Mediation can be an alternative to litigation, which can do real harm to relationships, reputations and bank accounts.

The Mediator:

The mediator is an invaluable resource to all participants in the process. He uses the knowledge and skills to plan negotiation strategies and develop options for settlement. A certified mediator has received mediation classroom training and observed other experienced mediators.

The Process:

Generally, mediation begins with a joint session to set an agenda, define the issues and learn the positions and concerns of the parties. The joint session is then followed by a separate meeting between the mediator and each individual party and their counsel, if any.  This allows each side to explain its position and mediation goals in confidence. The mediator has a number of private and confidential meetings with each of the parties and their representatives to explore interests and settlement possibilities.  He moves back and forth between the parties, carrying various settlement proposals and communicating the interests and needs of each participant to the other participants. The mediator often assists parties in prioritizing interests and options for settlement and to assess the relative strengths and weaknesses of positions. Once an agreement is reached, the mediator will work with counsel or the parties to finalize a settlement agreement and determine the procedures necessary for implementation.

Mediation facts:

-Mediation in NC leads to settlement 50-80% of the time.

-Mediated agreements tend to be more personalized than court-ordered resolution

-Mediation takes place in a non-threatening and more informal environment than a courtroom.

-There is chance for at least partial success, which allows the opportunity to settle some conflicts and reserve remaining issues for trial.

-An agreement reached in a properly conducted mediation can be enforced by a court.

Alan’s Experience:

Alan’s experience as a mediator covers a broad range of issues, including personal injury, contract disputes, and disagreements in the administration and distribution of estates.  He has relevant experience and training in a wide variety of elder law issues. He can help people have difficult conversations, in a non-threatening setting, allowing them to realistically evaluate their positions and work toward a resolution that they create. This provides real value, as an alternative to expensive, adversarial and lengthy litigation.  Mediation can also occur before litigation is commenced, often making it unnecessary.