The Role of a Mediator in a Family Law Case in North Carolina
Mediation is a form of alternative dispute resolution that can be used in family law cases to help parties reach a resolution without going to trial. In North Carolina, mediation is often required before a case can proceed to trial. Here is an overview of the role of a mediator in a family law case in North Carolina.
What is Mediation?
Mediation is a process where a neutral third party, called a mediator, helps the parties in a dispute reach a resolution. The mediator does not make a decision for the parties but instead helps them communicate and negotiate with each other to find a mutually acceptable solution.
How Does Mediation Work in a Family Law Case?
In a family law case, the parties and their attorneys meet with the mediator in a neutral location, typically the mediator’s office. Each party will be with his/her attorney in their own rooms, such that they are typically not together in the same room. The mediator will explain the mediation process and their role as a neutral third party. The parties will then have an opportunity to present their side of the case, including their concerns and proposed solutions.
The mediator will work with the parties to identify the underlying issues in the case and help them generate options for resolving those issues. The mediator will then facilitate negotiations between the parties to help them reach a resolution that is mutually acceptable.
Advantages of Mediation
Mediation has several advantages over going to trial in a family law case. These include:
- Cost-effective: Mediation is almost certainly less expensive than going to trial.
- Faster: Mediation can be scheduled much faster than a trial, which can take months or even years to complete.
- Confidential: Mediation is confidential, which means that the parties can speak freely without fear that their statements will be used against them in court.
- Greater control: In mediation, the parties have greater control over the outcome of the case, as they are able to craft a solution that works best for their unique situation.
Conclusion
Mediation can be an effective way to resolve family law disputes in North Carolina. It allows the parties to work together to find a mutually acceptable solution, which can be less costly, faster, and more tailored to their specific needs than going to trial. If you are involved in a family law case in North Carolina, consider working with a mediator to help you reach a resolution that works for you and your family.
Joseph R. Schmitz of Schmitz Law is a certified family financial mediator and he has helped dozens of families come to an agreement and avoid the uncertainty of court. Whether you have attorneys or would like to proceed without attorneys, Joe is happy to help you custom tailor solutions to your dispute. If you’d like to learn more about mediation, please call Schmitz Law at 336-714-2380.
You can also learn more about family law mediation by visiting the North Carolina Dispute Resolution Commission and Schmitz Law, PC.