Is Mediation the Way to Resolve Issues in Your Contentious Divorce?

Some divorces are marked by bitter feelings, while others are generally civil. You might think that only amicable breakups are likely to be settled out of court, but this is not necessarily the case. Even when accusations are flying in both directions, a skillful mediator might be able to ease the tension long enough to achieve consensus on parenting and financial issues.

In North Carolina, courts typically require parents to attend a mediation session so that they can negotiate custody terms. There are several apparent benefits to using this method of alterative dispute resolution in these cases. Mothers and fathers of minors will have to cooperate on various matters in the future, so creating a parenting plan that includes both parties’ input is a wise choice whenever possible. However, parents can file a motion to waive mediation. Domestic violence, substance abuse, psychological problems and a parent who lives more than 50 miles from the courthouse are possible reasons for a waiver.

Another reason to forgo court-directed mediation is that the spouses have engaged a private mediator to assist with their divorce. Retaining a mediator on your own gives you more control over the process and enables you to address issues relating to property division, child support and alimony as well as custody terms. Working with a qualified, neutral third party gives you and your soon-to-be ex the opportunity to avoid the stress, time and cost associated with going to trial. Mediation also keeps sensitive family information out of a public courtroom record and can reduce the emotional strain on children by fostering cooperative decision-making.

With the assistance of your attorney, you can select a mediator who focuses on family law and possibly has specific experience with some of the key issues in your case. That might mean someone adept at handling issues involving complex marital assets, or a mediator who knows how to keep divorcing spouses focused on reaching a resolution even when emotions are high. If mediation does result in a settlement between you and your spouse, it can be submitted to the court for approval and incorporation of the terms into an absolute divorce order.

The Moore Law Office, PLLC in Asheville advises North Carolina clients on the potential benefits of divorce mediation and other family law matters. Contact us by calling 828-258-8053 or use our online form to set an initial consultation.