A divorce typically denotes a legal process where spouses are legally separated. During the process, multiple issues come into play, such as the division of marital property or even custody.
Often, the parties are at loggerheads and seek the court’s intervention to help in reaching an amicable solution. Sadly, the court as an avenue for resolving legal issues and, in this case, divorce, is complex and, at the same time, has legal procedures that are time-consuming and expensive.
However, one of the alternative ways of resolving conflicts during a divorce settlement without going to court is divorce mediation. In this regard, a divorcing couple may turn to mediation as an alternative to the courts. Essentially, divorce mediation enables the parties to save on costs, reduces stress, and speeds up the process.
What is Divorce Mediation in Charlotte?
Put simply, divorce mediation is a legal process in which you, your spouse, or the parent of your child come together and mutually agree to the terms of your agreement in the presence and through the guidance of a neutral third party, known as the mediator.
Divorce Mediation has been found helpful when handling marital issues concerning spousal support, child support, property division, and parenting plans. Noteworthy is that divorce mediation isn’t undertaken under duress or when coerced. Instead, the mediation process is conducted after both parties agree voluntarily.
However, the court may intervene and prevent mediation in certain exceptional circumstances. For instance, if the court is satisfied that a “good cause” exists that warrants the case to be decided in court, the mediation may be waived by the court. Some of the exceptional circumstances which may lead to such a situation include:
- There exists domestic violence
- Child abuse or neglect
- Substance abuse.
What Happens during Divorce Mediation in Charlotte?
Once divorcing couples decide to use mediation as a viable platform to solve their disputes, they begin by establishing their goals for the outcome. When the goals are established, the role of the mediator is to facilitate the mediation process and ensure that the conversation is focused on the goals.
Noteworthy is that the mediator won’t make decisions or take either side of the party.
Once both parties have agreed on all pertinent issues, the mediator will provide a summary of the settlement terms to then be included in an agreement drafted by an attorney.
After the agreement has been drafted by a competent and qualified divorce mediation attorney, it can either be notarized as a private agreement or submitted to the court for entry as a consent order.
That said, the role of the attorney is not limited to reviewing the terms agreed-upon by the parties’ mediator. They may also help you prepare in the best way possible for the mediation in order to ensure that you achieve a successful and fair outcome.
Which Issues are Handled Effectively through Mediation?
Not all issues can be resolved through mediation. However, when it comes to divorcing couples, multiple issues arise. One of the issues may be the division of marital property or how custody is shared. Such issues are common in Charlotte Divorce cases, and often, they are resolved through mediation.
That said, understanding the right avenue for resolving disputes is sometimes difficult. However, a competent and qualified divorce attorney in Charlotte can help you make the right choice when it comes to resolving family law disputes.
What are the Benefits of Divorce Mediation?
Divorce Mediation is increasingly becoming a popular option for reaching an agreement between divorcing couples. Although mediation won’t generally cover all the issues in divorce, it can help achieve an amicable and fair decision between the parties involved.
That said, the following are some of the various benefits of divorce mediation:
- More control: Family law issues are often complex. Often, it becomes difficult for parties to make compromises, especially if such issues are subjected to litigation-leaving the parties with little or no control over the outcome. However, using mediation in divorce cases helps eliminate such challenges. Put briefly, divorce mediation allows parties to influence the outcome of the process by enabling them to decide the terms of the agreement.
- Saves on Time and Cost: litigation or a trial is governed by strict rules and standard procedures. The formality that guides trials makes the process time-consuming and expensive. Using mediation as an alternative allows you to avoid the endless delays and fees involved in the courts.
- Privacy: Any matter adjudicated through the courts is open to public scrutiny unless under limited circumstances. The negotiations and discussions are conducted privately, leaving no room for public scrutiny or any other legitimate concerns that may affect your privacy. However, the use of mediation enhances privacy.
- Security: An agreement reached after the mediation process is enforceable after proper execution. The agreement is often final and can only be modified under exceptional circumstances, allowing for security.
How can A Charlotte Divorce Mediation Attorney Help You?
Mediation is an alternative form of dispute resolution. Although the process governing mediation isn’t stringent, strict laws apply to mediation. For example, divorce mediation carried out under duress defeats logic and blatantly violates the law.
If you intend to settle a dispute through divorce mediation, it is imperative to have a divorce mediation attorney by your side. Essentially, an attorney will help you :
- Prepare for your sessions
- Gather any relevant you need for the mediation process
- Prepare witnesses who will support the goals you need to achieve during the divorce mediation process.
- Review the agreement before submitting it to court for approval.
Professional Charlotte Divorce Mediation Attorney
Most legal processes require effective legal counsel. The same applies to the mediation process, especially one which involves a divorce. As such, if you intend to divorce and are involved in a divorce settlement dispute, you need all the legal help you can get.
A competent and qualified divorce mediation attorney in Charlotte can assist you in weighing your options and understanding the best approach to take. In addition, an attorney at Remington & Dixon PLLC will help you throughout the process and ensure that the issues are resolved fairly and expeditiously.