Mediation & Arbitration - NC
Mediation is an alternative dispute resolution to litigation. It is a process where the parties sit down with a neutral third-party trained in the settlement process, known as a mediator, to identify, discuss, and hopefully resolve their issues without having to proceed onto trial. Some benefits to mediation are that it is less costly then litigation, it is less formal then trial, and the parties can tailor an agreement to suit their needs, rather then a judge trying to come up with an agreement for them. Parties need to be aware that a mediator cannot give legal advice and should not be used in place of an attorney to protect the party’s legal rights. If the parties feel more comfortable with their attorneys then they can attend the mediation session.
Where there are local programs for court-ordered mediation like Wake County, then North Carolina requires mediation of custody or visitation issues that are being contested and before an equitable distribution trial. The court has the ability to waive the mandatory mediation session if there is good cause like abuse, neglect, undue hardship, etc. Mediation sessions are private and no communications during sessions are admissible in court to create an open atmosphere where the parties can freely find a way to solve their issues without the fear of having the other party later use it against them. If during the mediation the parties come up a solution to their problems then it can be drafted into a written legally binding agreement.
Marshall & Taylor can help explain more about divorce mediation, arbitration and litigation to ensure that you choose the best possible option for your divorce or separation. To learn more or to schedule a confidential consultation - please fill out the form below to contact us today.