What is mediation?
Mediation is a non-adversarial process that offers an alternative to litigation. In North Carolina, mediation may be required in certain circumstances. The courts generally want to see that both parties have tried to work out their differences before a trial is set. The goal of mediation is to encourage compromise from both parties to attempt to resolve their issues outside of court.
What are the advantages of mediation?
Mediators are trained to help parties work through their difficulties and find the best solutions for the parties in child custody, property settlement and decisions regarding their finances for their family. This allows the parties to avoid the stress, anxiety, time, and expense of going to court, and ensures that the outcome of mediation is decided by the people directly involved. This is particularly important in child custody matters so that the decisions are made by the adults who know their children the best and are responsible for raising them.
Is everyone required to go to mediation?
The parties making a legal claim for custody of their children and/or distributing assets and/or debts prior to a divorce are required to attend mediation. If there are more claims than child custody and/or equitable distribution, it can be helpful for the parties to attempt to resolve all pending matters before going to court.
How does mediation work?
During a mediation session, a neutral third-party mediator facilitates discussions between the parties and their legal counsel. The goal is to encourage compromise on the part of both parties. By placing the mediator at the center of the process, parties can benefit from lower emotions and less potential interpersonal conflict. Anything that is discussed in mediation is confidential. A productive mediation session can often lead to resolution of all pending matters and closure.
How Much Does a Mediator Cost in North Carolina?
Parties who are unrepresented or are represented by attorneys must agree on a mediator, and the cost of mediation is generally split evenly between both parties. The cost of mediation also depends on the length of the session, which can vary from half of a day to an entire day or even multiple days. Mediators typically have an administrative fee and an hourly rate for their time spent helping the parties resolve their issues.
