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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.

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:

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.

Learn Whether 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 attorney, give us a call at 919-891-8552 or contact us online.