Mediation

In North Carolina, mediation is encouraged and often required in certain cases by state law and local rules. The North Carolina Court System has different options and programs for those who wish to take part in mediation, or for those who are court mandated.

According to the North Carolina Mediated Settlement Conference Program (“MSCP”), mediation is “designed to offer parties, with the help of their attorneys and a mediator, an opportunity and the support they need to settle their cases earlier.”

Mediation for child custody is a process in which a trained mediator acts as a neutral third party to help parents develop a parenting agreement that will provide for a custodial and visitation schedule, how children will spend time with each parent, how big decisions will be made, who will make those decisions, and any other special issues that may arise as it relates to the children. Mediation for divorce and property division works similarly, where the neutral third party will help the parties come to an agreement on the division of assets, debts, the marital home, retirement accounts, and the like. Settlement terms, if reached, will be on those decided by the parties—not the mediator. In other words, it is not binding.

Mediation can be a great opportunity to resolve issues between the parties. Litigation is not always necessary. It can be painful, time-consuming, and expensive. As such, mediation offers an alternative solution that can produce much more satisfying results. In addition to mediation, there are other alternative forms of dispute resolution, including arbitration and collaborative law.

Contact us at Rech Law, P.C. if you have any questions regarding the mediation process. We can be there for you to explain the way.