Mediation is one of the most commonly used alternative methods of dispute resolution during the divorce process. Mediation is an out-of-court negotiation process that takes place between the husband, wife, and a neutral third-party called a mediator. Typically, the third-party is a retired judge, a family law attorney, or someone else trained in dispute resolution techniques. Often, the parties will also be accompanied by their attorneys to assist them in understanding the law and what effect their choices might have from a legal perspective. One important thing to remember though, is that during a mediation the person conducting the mediation will not and cannot provide legal advice to the parties. There are a number of advantages to choosing mediation, including:
Of course, as with so many types of legal processes, no matter how many benefits a process may have, there are typically some downsides too. When it comes to mediation, some of the downsides include:
In the end though, despite some of its negatives, mediation can be extremely effective in helping you and your spouse to work toward coming up with creative and effective resolutions, tailored to your particular circumstances. By way of example, perhaps one parent has a very demanding work schedule that requires a great deal of travel at certain times of the year. A well-trained mediator can help couples work toward creating a unique custody schedule that fits their situation. A judge, by contrast, will rarely have the time or ability to do that. Instead, courts often just try to split custody as evenly and expeditiously as possible, without as much attention to the details of the family’s personal life. Contact Adkins Law if you want to learn more about mediation and the mediation process. We can arrange a consultation with an experienced family law attorney conveniently located in Huntersville.
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In North Carolina, when you separate from your child’s other parent, there are a lot of things to consider and plan for. In most cases, it is best to have a consent order entered as to your child custody arrangement, and any child support obligations. A custody order is required to enforce any agreements as to child custody. In North Carolina, there are two kinds of child custody: legal child custody, and physical child custody. Legal child custody concerns decision making, and what parent is making such decisions as to where the minor child is attending school, what doctor and dental treatments the minor child will have, what religious practices the child will adhere to, and what extracurricular activities and events the child will participate in. Physical custody, on the other hand, concerns what parenting time each parent will spend with the minor children. Most cases involving child custody are resolved by direct negotiations with the opposing party, and the remainder are resolved through the process of mediation. Most jurisdictions require the parties to attend a mandatory mediation before they may present their child custody case in front of a judge. Mediation is often successful as it gives the parties the ability to maintain a sense of control in resolving and settling their matter. In the event your spouse or partner is unreasonable, and unwilling to settle, your case may be forced into litigation, where the judge determines a child custody arrangement dependent upon the best interests of the minor child. If you need to speak with a child custody attorney regarding a child custody matter, please contact Adkins Law. We are located in Huntersville NC and are happy to be of service. Mediation is when a neutral third party helps facilitate an agreement between the parties. The mediator does not make decisions. The parties make the decisions, but the mediator helps them along. You can do private mediation before or after a complaint has been filed. You can address custody, child support, alimony, and property issues in mediation. Mediation is generally less expensive and not as time-consuming as court. The parties control the outcome. The entire process can be settled in one day, and you can leave a private mediation with a binding settlement document. The process is civil and dignified. It can set the tone for how the parties deal with each other from that point forward. If the parties are able to resolve the issues incident to their separation at mediation, typically they work together and treat each other better in subsequent dealings with children or otherwise. You do not necessarily need a lawyer for mediation, but one can help guide you in making educated decisions. A non-lawyer mediator will not know the law, or be permitted in providing you with legal advice. Without adequate representation, you could lose or waive rights you did not know you had - or agree to something that may not be in your best interests. |
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