Mediation: A conference between parties to a divorce or other family law matter in which a neutral third party (the mediator) facilitates a negotiation to resolve the dispute.
How is mediation different from court?
In mediation, the neutral third party (mediator) facilitates a negotiation, but cannot make decisions. In court the neutral third part does not facilitate a negotiation. Instead the neutral third party (Judge) makes a decision for the parties to a dispute.
Why would I want to consider mediation instead of going to court for my divorce case?
Mediation is less expensive than going to court. Mediation is faster than going to court. Mediation allows you to exert more influence over the outcome than going to court. Mediation is less destructive on children and families than going to court. Mediation is more “user friendly” than the highly structured, confusing and technical rules and procedures of court. Further, in many types of cases, including custody, spousal support, property division and child support cases, the court may require you to mediate your case before trial.
What are the drawbacks of mediation?
The biggest drawback is that there is no guarantee that your issue will be resolved. No party to mediation is required to resolve their dispute at mediation.
What issues can be resolved in mediation?
Parties can resolve child custody, alimony, alienation of affection, property division, child support and other family law related matters in mediation.
Do I need an attorney for mediation?
Not necessarily. Parties can mediate their disputes without attorneys. But, attorneys are experienced with mediation and knowledgeable in what information may be needed to effectively mediate. Further, many attorneys have specialized mediation skill and training that give a client the best chance of resolving a dispute.
How much does it cost?
Mediators charge from $150 per hour up to $300 or more per hour. Most mediators will also charge a fee of $150 or more as an administrative fee. Attorneys charge for their time spent preparing for and attending mediation as well. Even with these costs, mediation is far less expensive than going to court.
Is mediation unusual?
No. Mediation is a very well established process for resolving legal disputes. Courts have referred cases to mediation for well over a decade in North Carolina. In fact, the court system is trying to send more and more cases to be mediated to relieve overcrowded courts. Mediation is also very popular with attorneys in North Carolina.
Can we mediate our case even if we do not get along very well?
Yes. In some cases, the parties do not even have to be in the same room during the mediation. The point of mediation is to help the parties communicate with each other through a mediator. The mediator helps the parties focus on problem solving instead of their emotions or personal issues.
How do I find a mediator?
I am North Carolina Certified Superior Court Mediator. If you have an attorney, your attorney should be able to identify other mediators for your particular matter. You can also find mediators at the North Carolina Dispute Resolution Commission or at Carolina Dispute Resolution Services.