Should I Appeal my Case?

District Court judges are given broad discretion in deciding family law cases and are not likely to be overturned unless the Court of Appeals determines the trial judge abused his or her discretion. Appeals cases are complicated endeavors which can be costly to pursue. They can take a year or more to be decided. For these reasons, it is wise to consult with an experienced appeals lawyer in North...

What Happens in the Appellate Courts?

The Court of Appeals will look at the evidence presented in your case and review how the District Court judge applied the law in reaching his or her decision. The Court of Appeals will only review the evidence as it was presented to the District Court judge – it will not review new evidence or testimony. Generally, the appellate review is made on the written record with no oral arguments....

What are the Grounds for Appeal?

You cannot appeal the decision in your case just because you don’t like the outcome. You must have grounds. Grounds for an appeal are that the District Court judge made a mistake in how the law was applied in your case, or the judge abused his or her discretion in deciding your case – for example, the judge did not understand the facts.

What is an Appeal in North Carolina?

In North Carolina, family law cases are tried in District Courts. If you believe the District Court made a mistake in deciding your case, you can ask a higher court – the North Carolina Court of Appeals – to review the decision. Also, in some cases, you can request review by the Supreme Court of North Carolina. You must file a “notice of appeal” within 30 days after the final order is...

What Happens in a Mediation Conference?

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...

What are the Benefits of Mediation?

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...

Types of Family Law Court Mediations

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...