Private mediation during a divorce – Divorce is not just a stressful moment in a person’s life but it can also bring along the stressors of costs, time, and lengthy litigation. For this reason, North Carolina family courts are an advocate of mediation. Mediation is a commonly-used form of dispute resolution and it is oftentimes required by NC courts prior a to a trial being scheduled.
Why is Mediation Beneficial?
For starters, mediation is a much more cost-effective method of dealing with these issues instead of taking them to a trial setting. Mediation also allows both parties to have more control and flexibility over a possible settlement if they are able to reach an agreement.
Why is Mediation a Requirement?
North Carolina General Statute § 50-13.1 requires that any action which involves a contested issue as to the custody or visitation of a minor child be set for mediation as to those unresolved issues. Mediation takes place before the hearing and its goals are to:
- To reduce any bitterness that exists between the parties to a dispute involving custody or visitation of a minor child;
- The development of custody and visitation agreements that are in the child’s best interest;
- To provide the parties with informed choices and, where possible, to give the parties the responsibility for making decisions about child custody and visitation;
- To provide a structured, confidential, non-adversarial setting that will facilitate the cooperative resolution of custody and visitation disputes and minimize the stress and anxiety to which the parties, and especially the child, are subjected; and
- To reduce the re-litigation of custody and visitation disputes.
What if Court-Ordered Mediation Doesn’t Yield Any Results?
Remember, mediation will only work if both parties are willing to hear each other out. If court-ordered mediation does not work, the parties do not necessarily have to wait until trial to make another attempt at resolving their differences. Private mediation is an excellent alternative to a trial setting, in that it gives the parties another opportunity to resolve their differences and their discussions can take place in the presence of a trained mediator.
Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We invite your inquiries.
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