How Mediation And Negotiation Can Be Used In Divorces

Mediation is often used by parties in the process of separation and divorce, and it is an excellent, cost-effective method for resolving disputes. Mediation may be used by the parties to determine the division of marital assets, child custody, alimony, child support and other related issues during their divorce.

Mediation is a voluntary and confidential process that allows parties to work together with a neutral third party who does not represent either party but, rather, acts as a facilitator to help the parties reach an acceptable, legally binding agreement. Our experienced mediator at Daphne Edwards Divorce & Family Law, PC, can help you navigate through the complexities of your case and facilitate productive discussions. Whether you are considering divorce, child custody or any other family law matter, Daphne Edwards is here to guide you toward a peaceful and fair resolution.

What Are The Advantages Of Mediation?

There are myriad advantages to mediation, including the following:

• Most importantly, mediation allows the parties to retain control over the end result, rather than turning over the decision-making power to a judge.
• Mediation is typically conducted in an informal setting, unlike a courtroom, and involves the mediator speaking with each party to reach a mutually agreeable resolution.
• The mediation process is designed to avoid adversarial situations, is less expensive than litigation and is often faster than multiple court hearings.

Attorney Daphne Edwards regularly counsels and assists her clients in mediations to help them reach acceptable, legally binding separation arrangements that resolve the issues involved in their divorces. In addition, our Wake County mediation lawyer is a certified family financial mediator and serves as a professional mediator for other family law attorneys and their clients.

What Happens During A Divorce Mediation Session?

Mediation aims to step away from the adversarial process of divorce litigation and help the parties involved in a dispute reach a negotiated agreement that they both believe is fair.

Acting as a “third-party neutral” with no stake in the outcome of the dispute, the mediator generally sets the ground rules for the mediation process, helps each side understand the other’s viewpoints and makes suggestions about how to best approach the bargaining process over whatever issues are in dispute, such as child custody and the division of marital assets and debt.

Unlike a judge, the mediator has no power to force their own views about the situation on the parties involved. The parties are only bound to follow a negotiated agreement once they have willingly committed to it.

What Should You Bring To Divorce Mediation?

The more prepared you are when you walk into mediation, the more productive the session can be. Some essential items to bring with you may include:

• A list of the issues that you want to discuss, with detailed notes so that you do not forget anything important, especially in regard to property division and custody or visitation issues
• A list of all the assets, debts and other property owned by either you or your spouse, so you can more easily navigate the property division process
• Financial records that can be used to support your positions, including bank statements, credit card bills, mortgage records, loan documents, tax returns, business records and anything else you believe may be relevant
• A folder containing all previous court documents or agreements related to your case
• Your calendar so that you can schedule the next session (if necessary)

Finally, walk into the session with the mindset that compromises will have to be made. Know where you are willing to negotiate and what “hard lines” you intend to keep. This can help you negotiate from a position of clarity and strength.

How Long Does Divorce Mediation Take?

The duration of divorce mediation in Raleigh depends on the complexity of the divorce as well as the parties’ willingness to reach an agreement. Generally, a mediation session can last several hours in some situations, but more complex cases may require multiple sessions to reach a resolution.

Mediation is mandatory for cases involving child custody and equitable distribution in North Carolina. The main aim of these sessions is to help the parties negotiate and settle disputes without going to trial, which can be a more time-consuming and costly process. Mediation can also lower the stress and anxiety of divorce for parents and children alike.

If you are considering mediation for your divorce, it can be an effective way to resolve issues more quickly and with less expenses compared to litigation.

How Much Less Expensive Is Divorce Mediation, Compared To A Typical Divorce?

It varies, but divorce mediation can be significantly less expensive than a typical litigated divorce.

In North Carolina, the cost of mediation can range from one to a few thousand dollars for most, while a contested divorce involving litigation can soar into the tens of thousands or more. It depends on the complexity of the case and the level of contention between the parties.

Mediation tends to be more cost-effective because it involves fewer billable hours and avoids many of the court fees associated with litigation. Most sessions are structured and tightly focused, helping reduce the overall time and resources required in a traditional divorce. Litigation can involve numerous hearings, court filings and extensive legal preparations, driving up associated expenses.

Additionally, mediation often avoids the need for multiple professionals, such as child custody evaluators or property appraisers, whose involvement can heavily drive up the costs of a litigated divorce. By facilitating direct communication between the spouses with the guidance of a neutral third party, mediation can help resolve issues more efficiently, further cutting down on costs.

Divorce Settlements In North Carolina: What To Know

A divorce settlement is a written agreement that, depending on where you live, goes by a number of different names, including the following:

• Divorce settlement agreement
• Custody, support and property agreement
• Property settlement agreement
• Mediate separation agreement
• Marital settlement agreement
• Collaborative settlement agreement

A divorce settlement conference is a meeting in which the divorcing spouses meet with their lawyers and come to an agreement on the previously mentioned matters. Divorce settlement conferences can be court ordered or voluntary, depending on the jurisdiction. It is the result of marital dissolutions in which the divorcing spouses come to an agreement on important matters such as child custody, child support, alimony and property division.

Divorce Mediation Frequently Asked Questions

At Daphne Edwards Divorce & Family Law, PC, our goal is to help our clients get the answers they need regarding divorce mediation. Here are some commonly asked questions we receive.

Is divorce mediation right for me?

Mediation may be your best choice if you and your spouse are willing to work together to reach a desired and beneficial end result to your divorce. Rather than sitting in a court and letting a judge make decisions about your divorce, you can engage in mediation where you feel more comfortable and in control of your future. Our divorce mediation lawyers can help you negotiate a separation agreement, asset division and child custody arrangement that favors your interests. If you are still not sure if mediation is right for you, reach out to our attorneys to discuss your case.

Is everything discussed in divorce mediation confidential?

Mediation confidentiality is designed to promote a safe environment and encourage amicable settlements. Typically, anything said during mediation stays confidential. Discussions during mediation cannot be brought up in court, and mediators and included parties cannot discuss the mediation process.

How is confidentiality protected in divorce mediation?

Parties involved in mediation are often required to sign an agreement that says they are expected to keep anything discussed during mediation confidential. If this agreement is breached because a party disclosed the terms of a mediation settlement, then an attorney can help spouses find solutions and pursue possible damages.

Are there any exceptions to confidentiality in divorce mediation?

While divorce mediation is confidential, that does not mean everything said during mediation is protected. Certain topics may be reported to necessary parties, such as if a spouse reveals that they or another party has abused a child, elder or adult with disabilities or is threatening to harm themselves or others.

Are medication sessions recorded or documented?

Parties involved in mediation agree at the beginning of a session to keep everything discussed confidential. This means mediation sessions typically are not recorded or documented.

Learn Whether Divorce Mediation Is Right For You

When going through a divorce or facing a family law dispute, it’s natural for emotions to run high and tensions to escalate. Mediation might be the right fit for you and your family.

Contact Daphne Edwards Divorce & Family Law, PC, today to learn more about our mediation services. To schedule your consultation and speak with our experienced Wake County mediation attorneys, give us a call at 919-891-8552 or contact us online.