Helping Clients Navigate A Course To A Better Future

Divorce mediation in North Carolina

On Behalf of | May 16, 2017 | Divorce

Many courts throughout America encourage or even require mediation for many types of cases, including divorce. In North Carolina, divorcing spouses must try mediation before they may litigate their disputes.

While the law requires mediation of equitable division issues, the couple may choose to include other topics, such as visitation, custody and spousal support. In many cases, mediating at least part of the case can deliver benefits such as reduction in stress and costs.

Who chooses the mediator

The divorcing parties can select their own mediator, who does not have to be certified. If they cannot agree on whom to choose, the court may appoint a mediator. Generally, it is best to look for a mediator with a good understanding of family law and related topics.

How the process works

In mediation, the divorcing couple must focus on coming up with workable solutions and compromises. The mediator helps direct the negotiations and can facilitate communication by deescalating potential conflicts. Divorce often generates a lot of hostile emotion, which can make it difficult for many spouses to work out an agreement on their own. However, the mediator has no legal authority to order either of the parties to agree to anything.

Many people find that negotiating a settlement through mediation can cause less stress and expense than a court battle. They also feel more control over the outcome, since they set forth the terms of any agreement.

When mediation does not work out

Not every couple can resolve all issues through mediation. Sometimes, it becomes clear that proceeding further with mediation will only waste everyone’s time. In the case of required mediation, the mediator will inform the court that proceedings have reached an impasse. If you feel mediation will not be in your best interest, you must ask the judge to allow you to proceed to litigation. In some cases, you may be able to convince the judge that mediation will hurt your case and you should be excused from the requirement.

Even though mediation is less formal than going to court, you should have an attorney at your side through it. The mediator cannot answer legal questions or provide advice. Your attorney can also help with concerns you have about the effectiveness of the process.

 

Bg Quote

Client Testimonials

Bg Stars

A Wonderful Experience

I had a wonderful experience with Kennedy Law Associates. Marsha Kennedy and her Associates were knowledgeable, efficient, and caring. I felt like my case was a high priority to them, and they helped me understand every step of the divorce process throughout my entire case. I would highly recommend this firm to anyone looking for assistance with a family law matter!
Jennifer Haines

Smart, Caring Staff

I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.
Anonymous

The experience you need through a difficult time

Marsha Kennedy and her team has expertly handled each situation and guided me through the process.
Kelly

Highly Recommend!

Kennedy Family Law did a wonderful job representing me in my divorce. Always responsive and kept me informed – they really cared about me.
Bette Frederick

Highly Recommend!

I have been working with Marsha Kennedy and her team and am so impressed with how my case is being handled.
Kelly Peterson
FindLaw Network