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How Does Divorce Mediation Work in North Carolina?
Some state statutes and local rules require attempts of mediation on certain
family law claims. One of the common ways to meet the mediation requirement
is to participate in a private mediation with a certified mediator, and
an attorney to represent your best interests.
The certified mediator serves as a neutral party whose goal is to assist
both parties in reaching a settlement to resolve their case. In some cases,
parties can settle all issues; in other cases, settlement can be reached
on specific issues (i.e.
child custody and
child support), while the remaining issues are left unsettled (i.e.
property distribution). The unsettled issues would proceed to trial in Court.
Mediation is an opportunity to resolve your
divorce disputes in a way that is acceptable to you without the delay and risk involved
in long and drawn out litigation and trial. Divorce mediation can take
place at any time before or after your separation from your spouse.
Is Mediation Mandatory in North Carolina?
In certain situations, the judge will mandate mediation. Circumstances
that would require mediation include child custody and equitable distribution trials.
Can You Bring Evidence to Mediation?
Yes, you can bring evidence to mediation. It could help the process overall.
However, it is important to understand that the mediator does not have
the power to adjudicate the specific matters. Only a judge can make formal
judgements regarding the case. The job of the mediator is to help the
couple come to an agreement.
What Happens if Mediation is Unsuccessful?
If divorce mediation cannot resolve all the necessary matters, then the
couple will need to go to court. Each party will make a case for
its side, and a judge will make the final decision. Do not hesitate to
contact us for help.
Get Help From Our Certified Mediators
Miller Bowles Cushing is proud to have 3 Certified Mediators on
our team – Chris Miller, Nick Cushing, and Kate Miller. Each of our mediators
is an attorney with over 12 years of relevant legal experience. As your
mediator, we will help you and your spouse work through all of the legal
issues that need to be resolved. Mediation is cost-effective way to avoid
having to go to Court and have a Judge make decisions about your family.
Judges, attorneys, parties, and members of our legislature have learned
that mediation works — that it helps resolve disputes
early on and gives those who are most directly involved more control over outcomes.
Our Charlotte divorce mediation attorneys can be your advocate in negotiations
and ensure that you receive a fair deal from the proceedings.
Finding a Mediator
Mediated settlement conferences are informal proceedings. Your mediator
will meet with you, the other party, and your attorneys to help both of
you discuss your disagreements. The mediator will work to open channels
of communication, help clarify both parties’ needs and positions,
and explore settlement options with both of you. Unlike a trial, mediations
are not open to the public.
A Hands-On Approach to Divorce
A successful mediation allows you to avoid the time and stress involved
in lengthy litigation and trial and assures both you and the other party
of an outcome that you find mutually acceptable. In addition, where children
are involved, a successful mediation can sometimes mark a turning point
in the parents’ relationship. They may become motivated to communicate
more effectively with the goal of cooperatively resolving future disputes,
financial or otherwise, that arise as they parent from separate households.
Many cases can be settled in mediation.
The Charlotte divorce mediation attorneys at Miller Bowles Cushing are
skilled negotiators experienced in divorce mediation and can help you
achieve a favorable resolution of your family law issue.
Over 50 Years of Collective Experience Handling Family Law Cases
Devoted to Providing the Highest-Quality Legal Representation to Our Clients
Proud to Provide Top-Notch Legal Service From NC Board Certified Specialists in Family Law
See What Our Clients Have to Say
I highly recommend Nick Cushing in the area of Family Law.
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“I've known Ms. Stephanie Ross for many years and can't think of a harder working, dedicated attorney.”