Mediation in Divorce in North Carolina

Mediation in Divorce in North Carolina

Divorce can be difficult for couples, particularly for those who have been married a long time or have accumulated a large number of assets. North Carolina law provides for the equal distribution of assets in divorce. This can often lead to disagreements that aren’t easily resolved. When couples are having trouble coming to an agreement as to the terms of their settlement, they may benefit from the use of alternative methods of resolution. Mediation is one of the options available to couples to help them through their differences.

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What is Mediation

Mediation is a type of alternative dispute resolution. Mediation provides for a fair resolution through negotiation with a mediator. A mediator is a neutral third party who has training and experience helping couples negotiate and resolve divorce settlement issues. Mediators are typically trained in conflict resolution as well as family law, so they are able to guide couples to a fair resolution.

Benefits of Mediation

Mediation often offers couples a faster and less stressful way to resolve difficult disagreements. The mediator is able to direct the conversation in a fair manner. The mediator will assist when couples are having trouble communicating. Mediation allows couples to work through their differences in a guided manner, helping them to improve their relationships and prevent further deterioration. Mediation will often allow couples to quickly agree to compromises that will allow the divorce to proceed.

How Does Mediation Work?

There are several important steps to successful divorce mediation. First, the mediator needs to gather information. Then, the mediator will work with parties to determine the issues that are causing a dispute between spouses. Next, the mediator will use their experience and skills to help negotiate a settlement that both parties will agree to. Generally, the parties can have their attorney’s present during mediation if they choose. Mediation takes cooperation between spouses, so both should be open to the process for the best results.

Do We Need Mediation?

Mediation is a good option for some couples, especially those who are deadlocked in discussions of the distribution of assets and property. A judge may order couples to participate in mediation if it is clear that they cannot come to an agreement alone. Other times, a couple may realize that they are at a stalemate and may hire a private mediator to promote negotiations. You may find that there are several major issues that are stalling the settlement agreement. Mediation may be a good solution in order to preserve peace, reduce stress, and move the divorce process forward. If you are facing a dispute in your settlement negotiations, it may be time to consider mediation.

Mediation can be a useful tool for couples who find it challenging to resolve divorce settlement matters. The use of mediation can speed up a divorce that has been dragging on due to disputes or difficult communication. A mediator does not have to be a last resort, but instead may be a useful choice to facilitate the divorce process in a civilized way. If you are ready to divorce, you may want to seek guidance from a knowledgeable family law attorney. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our experienced family law attorneys.

The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.

Source:

https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce#:~:text=North%20Carolina%20law%20presumes%20that,division%20would%20not%20be%20fair.

https://www.law.cornell.edu/wex/mediator

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