Mediation is an Alternative Dispute Resolution process where you and your spouse attempt to resolve your differences regarding family law matters, such as child custody, child support, equitable distribution (property division), and spousal support. Going to trial is an adversarial process, whereas mediation is a more collaborative one.
How Does Mediation Work?
A neutral third party serves as your mediator, acting as a go-between for your negotiations with the goal of helping you reach an agreement with your ex. It is best that your mediator is a family law attorney, and understand the laws of North Carolina.
Family courts require divorcing parents to go through mediation before a trial can be scheduled. This is because mediation has proven to be extremely successful. Mediation can help you and your future ex-spouse to achieve an outcome that would not be possible if you go through divorce litigation.
During mediation, you and the other party will work on coming up with a parenting plan, which includes making arrangements related to co-parenting the children following your divorce. You’ll also discuss the monetary support that both of you will give your children.
Is Mediation Cheaper Than Going to Court?
Mediation is very often less expensive than going to trial because mediating is generally a faster process compared to litigation. You can also avoid lengthy and costly document exchange issues that often come up in litigation because mediation offers you the option to do voluntary document exchange in good faith.
Will My Personal Information Be Kept Private?
Any information you share during your mediation session remains confidential. No one other than your attorney and the mediator are privy to this information. The opposite is true at trial, where everything you say becomes public record.
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Through mediation, you and your future ex-spouse can meet at "halfway" points, and this will decrease your chances of experiencing discord as you continue to co-parent for years to come. In turn, your children are less likely to mirror or mimic your bad behavior into their own behavior. If you have more questions about the mediation process, don’t hesitate to get in touch with our lawyers at Miller Cushing Holladay.
Call us today at (704) 810-1400 to set up your case consultationwith our legal team.