North Carolina Mediation Lawyer

You can take advantage of mediation when you and your spouse want to solve issues arising during a divorce. Although North Carolina will require the parties to participate in mediation to resolve financial and custody issues after suit is filed, a couple can choose instead to participate in mediation voluntarily before suit is filed and potentially make the divorce process more amicable and far less expensive.

Unlike litigation, the parties are free to think of their own solutions and stay in control of the outcome by participating in mediation. A North Carolina mediation lawyer is a neutral conductor in a voluntary process and can prepare you for mandatory sessions. Our firm understands this process and its benefits.

Is Mediation the Same as a Lawsuit?

Mediation is an alternative to lawsuits. An impartial mediator encourages the spouses to discuss their differences and find common ground to settle a dispute. The mediator ensures both parties are heard and encourages them to explore solutions they can both accept. Should the parties come to an agreement, the mediator will draft a document memorializing it, which the family law judge can adopt as a court order.

Lawsuits are adversarial. Judges make decisions, sometimes at the expense of one estranged spouse over the other in a trial. Going to court to have a marriage dissolved and determine who children will live with and how much one parent will pay is stressful. When both spouses reach an agreement in mediation beforehand, the parties are more likely to remain friendly and cordial. This can be very significant when the parties are still going to be raising children together. A lawyer in North Carolina can help couples negotiate amicably with mediation.

Mandated Child Custody Mediation

North Carolina requires divorcing parents to attend child custody mediation together, usually with an orientation preceding the mediation. There is no cost to participants, and the session lasts about two hours. Another session can be scheduled when the couple does not resolve all custody issues.

Parents can file a motion to waive child custody mediation when one parent lives more than 50 miles from the Pasquotank County Courthouse, domestic violence has been a part of the relationship, or one parent is addicted to drugs.

One of our mediators in North Carolina can advise you before the session to ensure your ideas and goals are heard. When parents agree to terms discussed in mediation, they will sign a Parenting Agreement the mediator drafts and delivers to the judge.

 Family Financial Mediation

When a divorce petition involves financial issues such as support or distribution of property, estranged spouses must attend mediation. A certified mediator must be selected by the parties or the court will appoint one for them. Equitable distribution is a legal term that splits marital property and debt fairly, but not necessarily 50-50. Should the parties not agree on the division of marital property, the judge will decide after considering:

• The assets each party brought to the marriage
• How old the spouses are
• Each spouse’s needs, for instance, housing arrangements if children live with one spouse
• How long the parties were married
• If one spouse contributed to the education that boosted earning power of the other
• Incomes and ability to earn
• The value of homemaking services

Both parties in private mediation usually keep their respective lawyers by their sides to advise them during the process. Lawyers on our team also serve as impartial mediators in North Carolina. Resolving all issues concerning your divorce means you will not have to go to trial for the judge to decide.

A North Carolina Mediation Attorney Helps Resolve Family Matters

When you and your spouse decide your marriage is irretrievably broken and divorce is on the horizon, attending mediation can save you time, money, and anxiety. You and your spouse keep significant life decisions, like child custody and support, under your control. A mediator will help you by guiding the discussion and remaining neutral.

When you share goals in good faith with your estranged spouse, you can avoid a trial. Mediation helps you move into your new life without the sadness the old one causes while you both refuse to budge and the divorce drags on. A North Carolina mediation lawyer can help you move on with an agreement that works for your family. Call now to discuss your mediation options and requirements.