Mediation is an alternative to litigating your divorce and family law related issues. It involves the use of a neutral third party, the mediator, to facilitate negotiations. The goal of mediation, like all negotiations, is to reach a settlement and avoid court. Mediation, as you might have guessed, is much less expensive than litigation.
There are two types of mediation: voluntary and involuntary.
Often, voluntary mediation is scheduled after the parties have attempted but failed to reach a negotiated settlement without the use of a mediator. Typically, our attorney will work with you to prepare and submit a settlement offer to the opposing party or their attorney for their consideration. Or, if the opposing party or their attorney has submitted a settlement offer, then our attorney will work with you to evaluate their offer and, if appropriate, make a counteroffer. If the parties are unable to reach an agreement, sometimes mediation is a good next step.
Sometimes, mediation is involuntary. If you or your spouse have filed a claim for equitable distribution in family court, then mediation is mandatory before litigation can proceed.
Generally, the attorneys will work together to select a family law mediator. Selecting the right mediator is critical to ensuring that a settlement can be reached. After years of mediating cases, our attorney knows who the best family law mediators are in Wake County, North Carolina.
It is important to understand that a mediator does not represent you nor do they represent your spouse. They simply act as a conduit between the parties, relaying offers. That said, mediators are typically family law attorneys too. Therefore, they can often offer input from their own experiences.
Mediation is a very effective means of settling divorce-related issues such as alimony, asset division, child custody, and child support. Even when the parties have completely opposing and seemingly irreconcilable positions, mediation has often proven successful in bringing the parties to a fair and reasonable agreement. Because mediation can be such an effective vehicle in resolving issues between spouses, we never hesitate to recommend this option when appropriate for our clients.
Let our divorce and family law attorney help you decide if mediation is the best move for you.
Meet your Attorney
James Tyler brooks
“My law practice is limited to divorce and family law in Wake County, North Carolina. By limiting my practice to divorce and family law, I’ve been able to obtain a deep level of knowledge within those areas. Because I’ve limited my practice to Wake County, I’ve gotten to know our family court judges and how they tend to rule on certain divorce and family law issues. Knowing their tendencies allows me to better inform my clients, which helps them make good decisions throughout the process.
I am passionate about helping my clients during this tough time. Family law issues can be expensive, both financially and emotionally. During those tough times, you need excellent legal counsel more than ever.“
– James Brooks