Mediation

At Touchstone Family Law, several of our attorneys are certified family financial mediators through the North Carolina Dispute Resolution Commission. In addition, our attorneys are experienced at preparing for and accompanying our clients to family law mediations. Family law mediation is an alternative to traditional family law litigation and in some cases is required by the court before family law issues can be heard in front of a Judge. Family law mediation can be used for virtually any matter arising from a marriage or partnership, including child custody, child support, property division (equitable distribution), post-separation and alimony. A family law mediator serves as a neutral third party who facilitates discussions between the parties to identify key issues in dispute. Each party is encouraged to present their viewpoint and propose solutions. Unlike a judge who imposes decisions, a family law mediator guides the conversation, helps clarify the issues, and encourages creative problem-solving. 

Is Mediation Expensive?

The financial advantages of family law mediation can be substantial. Traditional litigation can drain family resources through attorney fees, court costs, discovery, expert witness fees, and the countless hours required to prepare for and attend court proceedings. Mediation typically costs a fraction of this amount, often resolving complex family law issues in a relatively short period of time. Court dockets are notoriously backlogged, meaning parties may wait months or even years just to get a hearing date. Family law mediation sessions can be scheduled at the parties’ convenience, allowing families to resolve their disputes and move forward with their lives much more quickly. This reduced timeframe minimizes the uncertainty and stress that often accompanies family law matters. 

Is Mediation Confidential?

Family law matters often involve sensitive personal information that most people would prefer to keep private, including a family’s financial situation, health issues, or infidelity. Court proceedings are public record and any information filed with the court is readily available online. Mediation proceedings are confidential and what is discussed in mediation stays in mediation. This protection of your privacy allows parties to speak candidly, explore various options, and acknowledge mistakes or concerns without fear that their words will be used against them at a later date. Mediated settlement negotiations cannot be used against a party, and a mediator cannot be called to court to testify as to what occurred during the mediation.

Greater Control and Customized Solutions

In court, parties surrender control to a judge who often has limited time to understand the nuances of their family dynamics and history. Family law mediation returns decision-making power to the people who know their situation best. This autonomy allows for creative, customized solutions. For example, parents might develop a unique custody schedule that accommodates irregular work schedules, create special provisions for family traditions, or design flexible arrangements that evolve as children grow. Equitable distribution can reflect emotional attachments and practical considerations that a court may not appreciate. The decisions crafted by the parties are often more practical and responsive to a family’s particular needs.

Do I need an attorney during family law mediation?  

While North Carolina law does not require a party to be accompanied by an attorney at a family law mediation, legal representation can be of great value during the family law mediation process. As a neutral, a mediator cannot provide legal advice. A party’s attorney can advise them on the law, local practices, and even offer practical solutions that they have seen work in other situations. A family law attorney can also draft or review settlement documents before you sign anything that is legally binding. In North Carolina, an attorney can only represent one party in a family law matter, so you have an invaluable resource dedicated to your goals and interests.

What if my former partner refuses to mediate? 

In North Carolina, with few exceptions, any child custody or equitable distribution matter that has been filed with the court requires both parties to attend a mediated settlement conference. Otherwise, family law mediation is completely voluntary. If your former partner rejects the idea of mediation and is not court ordered to do so, you may want to send information regarding the benefits of the family law mediation process and hope that they will consider reconsider their refusal.

What if we don’t reach an agreement? 

If a family law mediator determines that the disputes in question cannot be resolved via the family law mediation process, then it is deemed an impasse, and the parties move forward with their disputed issues. However, family law mediation often results in at least some matters being resolved or the parties can agree to mediate further at a later date. If some issues are settled, an attorney can ensure that those issues are resolved via a legally binding document. Even if a family law mediation doesn’t resolve the family law issues facing your family, an unsuccessful mediation can help clarify the issues and set the stage for future negotiations.  

If you are facing a family law matter and want to explore a cost-effective, efficient, discrete and personalized approach to resolve your disputed issues, contact Touchstone Family Law today. Our experienced attorneys will listen, evaluate your situation and help to determine if family law mediation is the right path forward for your family.