We Help People Navigate Divorce Mediation in North Carolina
Are you preparing for a divorce? Like most people, you probably want to avoid a heated, drawn-out conflict with your spouse. Divorce mediation is a popular non-adversarial form of alternative dispute resolution (ADR) for people looking to end a marriage.
Divorce mediation in North Carolina generally works in two phases. The first phase concerns child custody and visitation. A trained mediator provided by the state conducts the session. The second phase concerns property division. The parties hire a private mediator for the property division.
If you are preparing for a divorce, mediation may be the right option to find an amicable, cost-effective, and favorable solution. In this article, family law attorney Jennifer K. Dixon of Remington & Dixon, PLLC, discusses how mediation works in North Carolina.
An Overview of Divorce Mediation in North Carolina
Divorce mediation in NC occurs if child custody or property division is in dispute. With the help of a trained mediator, the parties discuss the potential resolution of the issues. Mediation takes place outside of the presence of the court.
In NC, child custody mediation and property distribution mediation are used. The court provides the mediator for child custody. It is free of charge. Courts in North Carolina run a free child custody mediation program to encourage parents to find amicable solutions to these cases.
Divorce mediation can still be highly effective for property issues. However, it is not free. The parties choose a private mediator or request a court-appointed mediator. Unless they agree otherwise, the parties equally share the cost of a private or court-appointed mediator.
Note: Divorce mediation is non-binding. You don’t have to reach a mediation agreement for your divorce. If the mediation does not work to get a settlement, you can exit the process and pursue other legal means, including divorce litigation. However, if you sign a notarized agreement in mediation, it is binding.
What is the Law for Divorce Mediation in North Carolina?
N.C.G.S. § 7A-38.1 authorizes the court to order mediation conferences in civil cases, including in divorce matters. In addition, N.C.G.S. § 50-13.1(b) requires the court to refer disputed child custody and visitation issues to mediation. N.C.G.S. § 7A-494 creates detailed court Custody and Visitation Mediation Program requirements.
What to Know About Mediation in North Carolina
Mediation in North Carolina is a voluntary, confidential process where a neutral third party—the mediator—facilitates discussions between disputing parties to help them reach a mutually agreeable resolution. To be clear, the mediator does not impose decisions but guides communication and negotiation. Mediation is informal, non-adversarial, and typically faster and cheaper than litigation. It also differs from arbitration—where an arbitrator is empowered to make a binding decision. Divorce mediation is not binding. It allows the spouses to retain control over the outcome rather than leaving it to a judge or arbitrator.
Notably, mediation is preferred as a tool for resolving disputes in divorce cases in North Carolina. Our state’s Family Financial Settlement Program aims to help separating couples resolve financial disputes amicably. The program encourages mediation to address issues like property division, debt allocation, child support, and alimony. State law also mandates mediation for child custody cases in a divorce, though mediation requirements can be waived when deemed appropriate.
In North Carolina, your attorney is present with you in mediation for economic issues, including property division. However, they aren’t present for mediation of child custody issues through the court. However, you can agree with the other party to conduct private mediation instead of the court-ordered program for a child custody case so that you can have legal counsel present.
Know the Benefits of Divorce Mediation
Why opt for divorce mediation to resolve your issues with your spouse? The short answer is that mediation can be helpful for several different reasons. Here is an overview of some of the most notable advantages of family law mediation in North Carolina:
- Save Time: Unlike litigation, which can take months or years, mediation allows couples to resolve their divorce far more quickly. Mediation sessions are scheduled at the convenience of the spouses. There is less waiting for a court date. You can expedite the process.
- Save Money: Divorce mediation is typically far less expensive than going to court. Litigation involves attorney fees, court costs, and extensive preparation, which can quickly add up. Divorce mediation can be highly cost-effective.
- Maintain Privacy: Mediation is a private process, meaning discussions and agreements remain confidential. Unlike court proceedings, which are public records, mediation sessions are not open to the public. The specific details of mediation are not disclosed.
- Preserve Relationships: Finally, mediation can help to preserve relationships—which can be especially valuable for parents. As a collaborative problem-solving method, mediation encourages spouses to work together to find an agreement.
If mediation accomplishes these objectives, it is a useful tool. Of course, it is also important to remember that divorce mediation in North Carolina is non-binding. There are times when you should sign a mediation agreement — and there are times when you need a hearing.
Understanding How the Mediation Process Works in North Carolina
In North Carolina, mediation can be initiated either through a court order or voluntarily. In court-ordered mediations, the judicial system directs disputing parties to seek resolution outside the courtroom. In contrast to voluntary mediation, spouses opt for this process independently. Here are the next key steps once divorce mediation starts to move forward:
- Select a Mediator: The next step is selecting and appointing a qualified mediator who is experienced in the relevant subject matter and recognized for their impartiality.
- Prepare to Mediate: Once a mediator is chosen, both parties prepare for mediation by gathering essential financial documents and other pertinent information.
- Attend Mediation: During mediation sessions, the process is typically structured to encourage open dialogue and constructive negotiation. Mediators use a wide range of techniques to facilitate productive discussions and help parties explore creative solutions.
- Settlement (or Failure to Settle): When a divorce settlement is reached, it must be carefully documented. The agreement is submitted to the court for approval. Courts in North Carolina give considerable discretion to spouses to reach their divorce settlement in mediation. However, if no agreement can be reached, the parties may withdraw from mediation and attempt other methods of dispute resolution, potentially including litigation.
Preparing for Divorce Mediation (Best Practices and Tips You Can Use)
Proper preparation is essential for a productive and successful divorce mediation. By taking the right steps in advance, you can put yourself in the best position to get a favorable divorce settlement. Here are some best practices that you can use to get ready for mediation:
- Set Clear Goals and Know Your Highest Priorities: To start, you should identify what matters most to you—whether it is child custody, child support, or property division. You need tangible goals. You should also consider areas where you are willing to compromise.
- Get Organized and Ensure Proper Financial Disclosures are Made: You should also gather all relevant financial documents, including income statements, tax returns, bank accounts, retirement funds, and debts. North Carolina has financial disclosure requirements for divorce. You should be honest and transparent about assets and liabilities.
- Manage Emotions and Maintain Focus: Mediation is only effective when parties are willing to work together. You should try to approach mediation with a problem-solving mindset rather than a confrontational attitude.
- Seek Professional Legal Representation: You do not have to take on the divorce process alone. A lawyer can help you ensure that you understand your rights and your responsibilities. Your divorce mediation lawyer can also attend all mediation sessions but for court-sponsored child custody negotiations.
Why Trust North Carolina Family Lawyer Jennifer K. Dixon for Help With Divorce Mediation
Divorce can be complicated—even if both spouses are eager to pursue the mediation process in good faith. You do not have to navigate a divorce on your own. As your lawyer, family law attorney Jennifer K. Dixon of Remington & Dixon is prepared to make your mediation session productive. She represents your interests and advises you throughout your case. We are proactive and solutions-driven. When you contact us at our Charlotte law office, you will have an opportunity to consult with a North Carolina divorce mediation attorney who can:
- Hear your story and answer your legal questions;
- Explain how the divorce mediation process works in North Carolina;
- Help you get fully prepared to mediate child custody and/or property division and
- Represent you during all divorce mediation sessions.
Divorce Mediation in North Carolina: Frequently Asked Questions (FAQs)
What Does a Mediator Do?
A mediator is a neutral facilitator of settlement discussions between parties in dispute. They help the parties negotiate constructively, working for a resolution by agreement.
How does mediation work?
Mediation works by allowing both parties to raise and discuss issues. The mediator looks for areas of agreement and facilitates discussions. If the parties can resolve some or all the issues, they put the agreement in writing and sign it. The court issues a final, binding order.
Are the things discussed in divorce mediation confidential?
Under N.C.G.S. § 50-13.1(e), things said in mediation are confidential. Statements can’t be admitted in court. However, this doesn’t provide criminal immunity or exempt anyone from mandatory reporting requirements for suspected abuse or neglect.
If we reach an agreement in divorce mediation, is it legally binding?
If you reach a mediation agreement, it is legally binding. The judge enters it as a court order. It’s important to understand what you agree to when you sign the order.
What happens if divorce mediation is not successful?
If you fail to reach an agreement in divorce mediation, the matter will be set for a hearing. You may continue to negotiate.
When can child custody mediation be waived in NC?
Mediation may be waived when there are allegations of:
- Abuse or neglect of the minor child
- Alcoholism
- Drug abuse
- Domestic violence
- Severe psychological, psychiatric, or emotional problems
- A party living +50 miles from the court and video conference options are not available.
- Undue hardship
- Agreement for voluntary mediation, with court approval
Contact Our North Carolina Divorce Mediation Attorney Today
At Remington & Dixon, PLLC, our Charlotte divorce mediation lawyer is standing by, ready to help you find the best solution. If you have questions about divorce mediation, we can help. Call us now 704-247-7110 or contact us online to schedule a confidential consultation. With an office in Charlotte, we handle divorce mediation in Mecklenburg County and throughout the surrounding region of North Carolina.
