Family law attorneys in Wake County are often more interested in posturing than in actually resolving family law disputes. As a result, they often employ hard bargaining tactics which emphasize the differences in their positions rather than seeking a common ground for settlement. This technique often results in one of the parties filing a Complaint in court which commences litigation. The high cost and long delays associated with the Wake County Family Court System often make litigation an impractical method for resolving disputes. Parties increasingly find that they are spending more time and money to litigate than the cost to settle the matter. The increasing number of lawsuits filed each year is indicative of the unwillingness or inability of parties and their attorneys to effectively utilize negotiation to resolve disputes. It is not uncommon for the North Carolina attorney’s fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute. However, the Raleigh Divorce Lawyers at The Law Corner offer a practicable alternative: Mediation.
Mediation is a process for resolving disputes by which an impartial mediator assists the parties in reaching a mutually satisfactory settlement. As Raleigh Divorce Attorneys, we provide you and your spouse a way to settle the conflict between you in a way that helps you to work together, especially as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced, through child custody and child visitation. Mediation brings about communication between you, which can then be used when you must discuss issues pertaining to your finances including bankruptcy and divorce in NC, credit card debt and divorce, or your children and North Carolina child support. If you are to avoid the pitfalls of litigation, you should try to avoid attorneys altogether. Neither you nor the other party has to have a lawyer to mediate. However, if you choose to have a Raleigh family lawyer or if your circumstances are such that it is absolutely necessary to have an attorney, then choose carefully.
The mediation process is entirely voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator’s role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. Since the mediator’s job is to keep the parties focused on exploring productive avenues to settlement, posturing and hard bargaining are often reduced or eliminated.
I am often asked, “What can be mediated?” Honestly, just about anything! Here are some commonly mediated family law issues:
A North Carolina family mediator is a neutral person who guides the parties toward a workable solution on their issues. The Law Corner’s trusted family mediators help the parties reach an agreement that is acceptable to all parties.
The family mediator is typically a lawyer who exclusively practices in the area of Raleigh Family Law. The mediator has the legal knowledge necessary to frame the legal issues and is trained to help parties explore the options in order to decide on a mutually acceptable separation agreement. The Raleigh mediation attorney will help the parties think about the possible advantages and disadvantages of a proposed solution. The Raleigh mediator focuses the parties on future goals to help avoid future disputes.
The mediator is not a judge. At The Law Corner, our mediators will not take sides or make decisions for you. A good Raleigh mediator does not give legal advice. However, the Raleigh mediation attorney may suggest possible best or worst case scenarios to help each party think about potential outcomes.
A Raleigh mediation session is private and confidential. It is normally held in a Wake County attorney’s office and no public record is made of the proceedings. If no settlement is reached, any statements made during the proceedings are inadmissible as evidence in any subsequent litigation. The Law Corner mediation attorney cannot testify for either one of you in court.
There will be reasonable expectations for you to contribute to and simplify the process; forms and questionnaires will be made available in advance of the sessions for those that would like to begin gathering data, completing documents, making decisions, etc. This may help to reduce costs.
A mediation session typically begins with a meeting with the parties and their Raleigh Family Law attorneys. The mediator first explains the format and discusses the confidential and non-binding nature of the proceedings. The mediator will then ask the Raleigh Family Law attorneys for each of the parties to make a presentation of their case, identifying the issues in dispute.
Following the joint meeting, the mediator will usually separate the parties and begin meeting with them in a series of private, confidential meetings called “caucuses”. In these caucuses, the mediator works with each of the parties to analyze their case and develop options for settlement. Normally, the mediator will caucus numerous times with both sides until the case either settles or it becomes apparent that settlement will not be reached.
The American Arbitration Association reports that over 85% of all mediation results in a settlement. Here are a number of reasons why mediation works:
The Law Corner divorce attorneys in Raleigh can help explain the divorce process to you and help you with other divorce related issues, to include, but not limited to, the following:
Qualified Domestic Relations Order (QDRO)
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.