Divorce mediation is the process where the divorcing spouses meet with each other in the presence of a neutral third party mediator in an attempt to reach a consensus of various issues. The aim of the divorce mediation is to resolve as many issues as possible by mutual agreement.
In North Carolina divorce mediation is compulsory before a child custody or equitable distribution trial. Only when mediation fails, will these issues be considered for trial, indicating that the court is also happy if couples are able to resolve issues through mediation rather than through a law suit.
The Role of the Mediator
Mediators are professionals who are trained and experienced in alternative dispute resolution techniques. Mediators may be lawyers, mental health professionals or even the clergy who possess the requisite training and experience.
The role of the mediator is to help the ‘warring’ spouses see each others’ points of view and help them find a middle ground in various issues.
The mediator is a neutral person and will not favor one partner over the other. For this reason, the mediator is not a substitute for professional legal advice offered by attorneys. Mediators from non-legal backgrounds are not qualified to offer legal advice. And mediators who are attorneys cannot offer legal advice as it would defeat the very purpose of mediation, if the advice were biased towards one party.
Hence the firm representing your case will not mediate for you, but can recommend mediators.
Benefits of Divorce Mediation
- Divorce mediations can result in more favorable terms as compared to the terms received from a judge.
- Divorce mediation does away with the need for litigation that can be expensive and long drawn out.
At McIlveen Family Law Firm, we have some of the finest and best mediators in the field, who can help in your divorce mediation. We also recommend some of the best mediators for our clients. In addition, if you are in need of a mediator for your case attorney Sean McIlveen an experienced mediator. We will go with you to your divorce mediation and make sure that your legal rights are protected at all times.