Mediation FAQ

On television, every family law problem, every divorce, is a protracted battle. But fighting over every conceivable issue in your divorce is not the only option available. You absolutely can pursue a less disruptive, less painful divorce through mediation.

At Raleigh Divorce Law Firm, we are divorce mediation attorneys. We’re experienced in North Carolina divorce law and committed to finding a good outcome for you and your family. We believe that mediation offers a way forward that can be better for all parties, and we’re happy to answer any questions you have on the issue, such as those below.

What is mediation?

Mediation is an alternative dispute resolution (ADR) method that involves settling issues before a neutral mediator. In mediation, both sides of a dispute can openly discuss the problems at hand and come to thoughtful resolutions. Mediators have the freedom to offer many solutions, and they sometimes think outside the box to come up with them.

What types of cases can be mediated?

Mediation is appropriate for any type of civil dispute, from business law to family law and even personal injury. We most often represent our clients in family law situations, and much of our experience is directed toward finding solutions in divorces and child support.

How does mediation differ from litigation?

Mediation is a totally different method of solving a dispute from litigation. In court, there are arguments, and a judge and jury decide the outcome. It is an adversarial system by nature. Mediation is not designed to be a contentious process. You are working with the other side to come to a solution. There are no arguments; there are points to be made. The decision has to be agreed on. You’re not in a fight. You’re working together.

What are the benefits of mediation?

The primary benefits of mediation are as follows:

• Cost-effectiveness: Getting in front of a mediator and working through the arguments successfully is often far cheaper than participating in a protracted legal battle in a courtroom.
• Privacy: The details of a litigated case that goes before a court are public information. If anything is discussed that’s of a highly sensitive nature, then those discussions and any evidence presented will be available for anyone to see.
• Amicable solutions: Mediation often means greater cooperation and more open discussions between the sides in a dispute, which can lead to better relationships once mediation is completed.

Aside from the above, there are other benefits, but most people are attracted to those outcomes.

Is the outcome of mediation legally binding?

Mediation is not legally binding on its own. Both sides of a mediation must agree to the findings from the mediator for it to hold weight. Once they do, a court will generally accept the agreement, and then it will be legally binding. However, if one side does not agree with the outcome of mediation, there is no forcing them to agree.

What happens if we can’t reach an agreement in mediation?

If mediation fails, the next step is litigation. Mediation is a way to avoid the courts, but if it is not enough to resolve the concerns, the court system is still there.

How should I prepare for mediation?

You should talk strategy and facts with your attorney or representative. You should compile documents and evidence. Any preparation you would do for a trial is what you should do here, including discussing your definition of success for your case.

Who should attend the mediation session?

Any party with a vested interest, including the people on either side of the argument, can attend mediation. You are allowed to bring an attorney, and this is often a smart decision because mediation lawyers, such as us at Raleigh Divorce Law Firm, are experienced in negotiation and can support your side.

How long does mediation take?

Mediation will take as long as it takes. It can be a few sessions; it can be many sessions. It will continue for as long as both sides are willing to continue. Often, many mediation agreements include an end date, but that can be extended by mutual agreement.

Can mediation be used to resolve child custody and visitation issues?

Yes. Mediation is often used to resolve custody and parenting time concerns. It gives parents a chance to talk through disagreements and work toward a solution that focuses on the needs of their children. In many cases, it can reduce conflict and help avoid a drawn-out courtroom fight.

Is mediation confidential?

Yes. Mediation is a private process. What is said during mediation stays between the parties and the mediator. This confidentiality helps both sides speak freely and focus on resolving the issues without worrying about their words being used in court later on.

Can grandparents and other relatives be involved in the mediation process?

In some situations, yes. If a grandparent or relative has a legal interest in the matter, such as a petition for visitation, they may be allowed to take part in the mediation. The decision is made on a case-by-case basis and often depends on the specific facts and what the court or mediator finds appropriate.

How does mediation affect the time it takes to finalize a divorce?

Mediation can often make the process go faster. When both sides are willing to talk and reach agreements outside of court, there are fewer delays and less time spent waiting for hearings. While not every issue gets resolved right away, mediation generally shortens the timeline compared to full litigation.

What Else Do You Want To Know?

We answer questions and help our clients find the right answers. Reach out to us today to learn more by calling us at 919-926-1943 or sending an email using this form.