Charlotte Mediation Attorney
Helping You & Your Spouse Come to a Peaceful Agreement
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 to do so.
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, and it can be painful, time-consuming, and expensive. As such, mediation offers an alternative solution that can produce much more satisfying results. A skilled mediator in Charlotte, NC, can guide you throughout every stage of the legal process. In addition to mediation, there are other alternative forms of dispute resolution, including arbitration and collaborative law.
If the parties can successfully negotiate terms for their divorce using mediation, they - along with the mediator and any legal counsel they have obtained - can draft a divorce settlement agreement containing those terms.
When the parties file for divorce, they can present that divorce agreement to the court as part of the case. If the court determines that the agreement is equitable for both spouses, it may incorporate the terms of the agreement into the final divorce decree, finalizing the dissolution of the marriage with those terms.
Why Should I Use Mediation to Resolve My Divorce?
Using mediation to navigate the dissolution of your marriage has a wide range of benefits.
It saves money. The average contested divorce in the U.S. costs an average of $15,000 per spouse, and that number can easily increase if the parties have significant disagreements with each other or share valuable property. One of the best ways to avoid filing for an uncontested divorce is by utilizing mediation to overcome your differences.
It saves time. A contested divorce can easily take more than a year to resolve as the parties attempt to negotiate terms and attend hearings for matters such as temporary orders. Other processes, such as bringing in third parties like asset valuation professionals, only draw the process out further. In contrast, many mediations resolve in as little as one session, and most will take significantly less time to resolve than a contested divorce.
It saves stress. Filing for a divorce can be incredibly emotionally challenging, especially if it turns into a drawn-out battle between the spouses. In contrast, mediation is a process that relies on collaboration and negotiation between the parties. As a result, dealing with a mediation is often far less stressful than working through a contested divorce.
Our Charlotte mediation attorneys will be by your side every step of the way as you navigate your mediation case, ensuring you receive the legal counsel you deserve through thick and thin.
Can Your Attorney Go To Mediation With You?
A mediator can help you strategize how to take advantage of, and help you strategize how to react to your spouse's unreasonable needs and how to negotiate. Our attorney will discuss the mediation process, listen to your priorities, objectives, goals, and issues to help plan your position for mediation.
Contact Rech Law, P.C. at (704) 659-0007 if you have any questions regarding the mediation process. Our Charlotte mediation attorneys can be there for you to explain the way.
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