North Carolina Family Law Mediation Attorneys
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Mediation is a process available to North Carolina residents dealing with one or more divorce disputes. State law requires that all custody cases involving minors and equitable distribution cases must go through mediation unless waived by the court. However, it is also available to spouses who wish to negotiate alimony and child support. Mediation can be a beneficial alternative to litigation, especially because it often requires less time and money than going to court.
Our North Carolina mediation lawyers at Leitner, Bragg & Griffin, PLLC can help you settle your divorce and family law disputes through mediation. Whether we’re hired to oversee and facilitate your mediation process or to help you protect your interests, our goal is to give you the best opportunity to resolve your divorce disputes without litigation.
Contact us online or by calling (704) 271-9805 to discuss your mediation needs.
What Is Family Law Mediation?
Family law mediation is a confidential process in which a trained mediator helps parties communicate, identify issues, and negotiate agreements. Unlike a judge, the mediator does not make decisions or impose outcomes. Instead, the mediator facilitates productive discussions so the parties themselves can reach an agreement.
Mediation is commonly used to resolve issues such as:
- Child custody and parenting schedules
- Child support
- Spousal support (alimony)
- Division of marital property and debt
- Post-separation disputes
- Modifications to existing agreements or court orders
If the parties reach an agreement, the terms can be written into a binding settlement agreement or consent order and submitted to the court for approval. Our family law attorneys can assist you as your legal representative in mediation and we have in-house mediators who can assist with serving as a mediator for your case.
Our Family Law Mediation Lawyers
The Mediation Process in North Carolina
Mediation is a voluntary and private process through which two parties work together with a neutral third-party mediator to negotiate an agreement regarding contested items. In the context of divorce, mediation can help spouses resolve their differences concerning custody arrangements, visitation, child support, post-divorce alimony, and property distribution. If any contested items remain after mediation, spouses are free to litigate these issues in court.
Participating in mediation allows people involved in legal disputes the opportunity to voice their concerns and actively participate in resolving their disputes. If left to a court, a judge will make a decision regarding the contested item based on the relevant state laws. Although this can be good in some instances, it’s also the case that sometimes the state laws don’t really benefit either party.
Mediation can give you and the other party a chance to come to a mutually beneficial resolution that preserves both of your interests. During mediation discussions, an impartial mediator will listen to each person’s concerns and help facilitate communication with the other party. Their goal is to create an environment conducive to establishing common ground and reaching an agreement. Mediators can also terminate discussions for safety reasons or if they believe either party is incapable or unwilling to negotiate and settle contested items.
Divorce and Custody Mediation in North Carolina
Divorce lawyers trained in the process and approved by the NC State Bar commonly serve as mediators. Parties can either identify and agree on a mediator or the court can assign one to their case. In many instances, aside from certain child custody disputes, spouses can also hire their own lawyers to counsel them during mediation.
This is because the mediators themselves are impartial and cannot give either spouse advice that could be seen as favoring one side or the other. A personal lawyer can assist you with interpreting the law and understanding how it applies to your situation. They can also help you preserve your parenting and financial interests throughout the mediation process.
At Leitner, Bragg & Griffin, our lawyers can guide you through mediation. If hired as your mediator, we can structure the process, establish the agenda, and facilitate communication between spouses. Our goal is to eliminate the stress and emotional turmoil associated with traditional litigation by providing an environment where everyone involved can discuss matters openly and honestly while still maintaining control over outcomes.
Alternatively, if you have already selected a mediator, our attorneys can personally advise you and help you protect your financial well-being and parental rights.
If you have been ordered to engage in mediation or need legal counsel throughout the legal process, call our North Carolina mediation attorneys at (704) 271-9805.
Written By Tee Leitner
Tee Leitner received his undergraduate degree from the University of North Carolina at Chapel Hill and received his Juris Doctrate Degree from the University of Mississippi School of Law. Tee spent time in Private Practice and at the Union County District Attorney’s Office as an Assistant District Attorney. Tee founded Leitner Bragg and Griffin in 2016.
