MEDIATION

What is Mediation?

       Mediation is an out-of-court settlement option that allows you and your spouse to reach a fair separation or parenting agreement with the help of a third, neutral party called a mediator. In North Carolina, over 90% of divorce and custody cases are settled outside of the court system through a mediation process. Having an experienced, competent mediator guide you through the separation process can help both parties to the mediation achieve their goals in a cost effective and productive manner.

       During mediation you are in control of the outcome of your separation because, after all, you know what is best for you. By litigating divorce through the court system, parties give up control to their respective attorneys and a judge or jury, which can leave you feeling helpless and uneasy since you will have no idea of what the outcome will be in court. Often, litigation results can leave both parties dissatisfied with the court’s rulings. In mediation, there is no judge to impose any decision upon you and you agree only to what will work for the both of you.

Why Choose Mediation?

      A typical litigated divorce can cost between $10,000 to $30,000 to each party involved, can strip you of your retirement savings and can jeopardize your children’s college education. In the end, it can make the court decision less meaningful since there are fewer assets to then share and there are much higher attorney fees for each party to pay. In fact, in many court proceedings, a party will be required to not only pay their own attorney’s fees, but also the other party’s attorney’s fees as well.

       Mediation is private and confidential, allows you and your spouse to make the final decisions, does not require a court appearance and is less expensive than filing a lawsuit. In contrast, cases that go through the court system, are part of the public record which means your private family and financial matters can be accessed by anyone interested, litigation can last for years, children are often caught in the middle of a battle between parents, and you run the risk of receiving a decision that is not in the best interest of you or your family.

       Our mediators cannot give either parties involved legal advice. We can explain what the law is in North Carolina, but we are not a substitute for having your own lawyer. If mediation is not successful and a matter is turned over to the court system, our mediator cannot represent you in court or be called into court as a witness to testify to things that were said during mediation.

       Our mediator’s role is to help you and your spouse communicate and reach a fair agreement that you both have a role in crafting. Divorce and separation do not have to foster feelings of anger and bitterness, especially if you share children, by choosing mediation your mutual respect for one another will portray a positive example to your children and mutual friends, and can help you effectively co-parent moving forward.

Please call Jarvis Law, PLLC today to schedule your Mediation Session!