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Mediation & Arbitration

Applicable Laws | Support Groups | NC Family Law Resources

Mediation

Mediation is a meeting between the parties in a domestic dispute and a third party mediator trained in dispute resolution. The goal is to reach a mutually acceptable agreement on as many issues as possible and to write a memorandum outlining the terms of the agreement. Mediation is consensual -- you are not told by the mediator what the decision should be. Mediation is successful in many cases. Its advantages are that it is not adversarial, it is less expensive than extended court proceedings, it is faster than multiple court hearings, and you have more input into the terms of any agreement reached rather than having a judge decide the issues for you.

For mediation to be fully successful the parties must be open to settlement. They need to try to find middle ground which involves compromise by both parties. In preparation for mediation you should think carefully about what is most important to you and be prepared to explain why.

We have an attorney trained as a Certified Superior Court Mediator. An attorney can not be both an impartial mediator and your personal attorney. If you want us to serve as a mediator, you must advise our office before any consultation to discuss your case. Otherwise, we would have a conflict of interest and could not mediate between you and your spouse.

We can go to a mediation conference to advise you of the legal consequences of different issues discussed before you commit to a binding settlement agreement. This is possible in all cases except court ordered custody and visitation mediation in certain counties of the state. In these counties the parties meet together alone with a court appointed mediator paid by the state.

Mediation is increasingly popular in family law matters. It is successful if both parties will seriously try to reach an agreement. However, one non-cooperative party can make mediation impossible. We encourage you to explore this alternative method of dispute resolution with us if you believe it can work in your case. We can help in the selection of a mediator with experience in cases similar to yours.

Arbitration

The spouses may agree to submit some or all of their disputes to an arbitrator, a person chosen to decide the issues that the parties present. An arbitrator should have special training and qualifications. The arbitrator's decision can be made into a court judgment. Although traditionally the decision of an arbitrator is binding and final, some variations have emerged in recent years. We can discuss with you whether arbitration is advisable. It offers a good alternative to multiple court hearings and is generally faster than the court process. It is especially appropriate in complex cases.

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