What is Divorce Mediation?
Divorce mediation is a process where divorcing spouses meet with a neutral third-party mediator who is trained in helping individuals find common ground upon which to reach resolution. Mediation is a type of alternative dispute resolution (ADR). It provides a safe and confidential forum for each side to separately express their individual needs and concerns upon which pathways towards a resolution can be considered. Mediation can be valuable in nearly all family law issues, including equitable distribution and property settlement, spousal support, child custody, and child support.
Will Mediation Benefit My Case?
Divorce mediation is a mandatory requirement of the North Carolina Courts before proceeding to trial, divorce mediation can provide benefits on multiple fronts to divorcing couples. The benefits of mediation include:
- Meditation is more cost-efficient than a court proceeding. Mediation saves you money.
- Mediation can be coordinated more expeditiously than a court proceeding at a time and place convenient for everyone. The court-ordered matters can be riddled with delays drawing the strain of divorce out longer than may be necessary.
- Mediation is a healthier alternative to court. Mediation occurs outside a courtroom, in the more comfortable atmosphere of a private setting, allowing you the opportunity to express your goals without airing your private matters in a public courtroom.
- Mediators are highly trained and experienced in conflict resolution. They can provide a different perspective to the issues in a dispute and offer creative resolutions, something rarely afforded by the court in divorce litigation.
- Mediation allows you to remain in control by securing your power to have a say in decisions affecting your future. Though a judge may take your wishes into consideration in its rulings relative to your divorce, Mediation guarantees your concerns have voice.
Finding resolution through mediation is not impossible despite spouses not being on the best terms. In our experience, even the most argumentative couples have been surprised at their ability to compromise and reach peaceful resolutions with the help of a skilled mediator and an experienced divorce lawyer. An effective mediator can help you pinpoint the most important issues so you can achieve stated goals without compromising on fairness.
The process of divorce can be overwhelming and stressful. It is often filled with critical decisions made at the height of emotional distress with the potential for lasting impact on your future. Mediation can be a successful method of exploring possible resolutions to those tough decisions in a safe and confidential environment. Mediation often provides relief by offering everyone a renewed understanding that common ground and agreement can be found in spite of the chaos divorce might cause. Mediation is especially valuable when divorce involves children. Compromise and agreement on these most important issues can create a better parenting relationship and engender an atmosphere that supports resolution of the financial aspects of divorce.
Who Attends Mediation?
You can participate in mediation with only the mediator and your spouse or, if you choose, your attorney can attend with you. Mediators are not able to offer legal advice regarding your divorce. It is not unusual for couples to seek advice from their individual attorneys before attending mediation alone. After the mediation conference, the mediator will prepare a summary of the agreements that may have been made, from which an attorney can prepare a formal divorce settlement agreement that can be enforceable by the court.
The most promising forum for resolving complex issues in divorce is through negotiation and mediation. Mediation can provide you with a unique opportunity to create a satisfying and reliable agreement that provides lasting resolution. At Hopper Cummings, our family law attorneys are adept at helping clients amicably resolve issues through negotiation and mediation. We guide our clients through the emotionally charged disputes that arise from divorce. We understand the most important elements of marriage and divorce. We have crafted long-lasting solutions, customized to our clients' unique situations time and time again. Contact us today for a confidential consultation at 919-533-4115, or reach out through our online form.
FAMILY LAW ARTICLES
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