• 05
  • May
    2011

Mediation is a method of alternative dispute resolution. Rather than asking a judge to resolve your family law issues related to child custody, visitation, child support, alimony or dividing marital property, you and your spouse meet with a mediator to work toward resolving legal conflicts together.

A mediator does not have authority to make binding decisions on you or your spouse. He or she cannot force you to agree to anything. Instead, a mediator is a neutral go-between, assisting you and your soon-to-be-former-spouse with reaching solutions on disputed issues. A good mediator will help you identify the issues that you and your spouse disagree on, illuminate misunderstandings between the two of you and set priorities as to what each of you are willing to compromise on in order to reach an agreement.

As with any legal strategy, there are both positive and negative sides to mediation and therefore it is not always the best option for everyone. However, there are a few key benefits to consider when weighing mediation as an option:

•· Control. You and your spouse will be in control of the outcome of your mediation. Rather than a judge deciding critical issues related to visitation, support or property division, the agreement reached between you and your spouse will determine those matters.

•· Privacy. Mediation is handled outside of the courtroom. This ensures that your private affairs are kept between you, your spouse, your attorneys and the mediator.

•· Cost savings and efficiency. Settling issues in court can be costly; an effective mediation process is often less expensive and can lead to a resolution of disputes much sooner than a hearing or trial.

•· Respect. Mediation requires the cooperation and collaboration of both parties. Because it is less adversarial in nature than courtroom proceedings, mediation tends to create less animosity among parties than litigation and may aid in fostering positive relationships among parents with minor children.

Mediation is not the right choice for everyone or for every situation. Successful mediation requires two willing parties who are able to effectively communicate with each other with the assistance of a neutral third party. You cannot force your spouse to mediate a dispute. Also, mediation may not be appropriate in situations involving domestic violence. If mediation is not right for you, the assistance of a North Carolina divorce litigation attorney may be necessary in order to resolve your family law dispute.