Mediation conversations are private and will not be shared by the mediator. Mediators cannot be subpoenaed to testify in court – their mediation conversations are privileged. The mediator will facilitate a discussion between the divorcing spouses and their attorneys, hopefully guiding the parties to a settlement on the issues. Usually, the mediator will begin the meeting by explaining the...
Mediation is particularly beneficial to divorcing couples who are willing to work amicably toward a fair settlement and who are ready to compromise when necessary. Since mediations are less formal than trials, the meeting(s) can be more easily arranged to accommodate all the parties’ schedules. Negotiations can progress in a far less stressful atmosphere than that of a trial. Mediations allow...
There are generally two types of mediation associated with North Carolina family law cases – family court custody mediation and mediation for support and property issues. Family Court Custody Custody mediators are paid by the state to conduct custody mediation before going to trial. Attorneys are not allowed to participate in this mediation process. It is attended only by the parties and the...
Certain counties in the state have been designated as “family law courts.” These counties are given special funding which provides for child custody mediators, special courts for family cases, and certified mediators for issues of support and property distribution. The benefit of family law courts is that one judge is assigned to the case from beginning to end allowing the judge to have a...
Mediation is a guided negotiation which helps separated or divorcing spouses reach a fair settlement without having to endure a trial. It is conducted in an informal, private setting instead of in a courtroom. The mediator is an objective neutral third party trained to facilitate productive conversations and move the ex-spouses toward resolving their issues. Mediators in North Carolina must be...
If the couple cannot reach agreement on the issues, mediation is good way to resolve the problem. The two parties and their lawyers meet with a neutral third party, a trained mediator, to work through the contested issues in an effort to settle the matters amicably and avoid a costly trial. It should be kept in mind that mediation requires concessions on the part of both parties. If the parties...
