In part one of our mediation series, we are talking about what mediation is, who should do it, who you should pick as a mediator , and when you should try mediation.
WATCH PART 2 HERE: • Common Questions Regarding Mediation Part II
1️⃣ What is mediation?
Mediation is when you hire someone that's not representing you, that doesn't have a vested interest in your case, to help you and your spouse reach a resolution about whatever's going on in your matter. That could be custody issues, it could be money issues, it could be property issues, it could be lots of different things. Mediation works in all kinds of other cases as well, but I'm focusing on mediation in separation and divorce.
Now some people ask, do I have to do mediation? Well, the answer is no (unless the Court makes you). If you and your spouse can agree upon terms and you're able to agree upon rights and responsibilities, then I suggest you hire a lawyer to draw that up so it's a legally binding document for you and your spouse. You don't need to go to mediation because you've agreed. Mediation comes into play when people can't agree and when people need a little bit of help being able to agree.
2️⃣ Who mediates?
Anyone can mediate: a lawyer, a therapist, a counselor, a minister, a priest, a pastor, lots of different people can be mediators. We recommend having a lawyer as a mediator. Lawyers can reasonably advise somebody as to a range of possibilities in Court and what happens if mediation does not work.
3️⃣ Who should I pick as a mediator?
It's important to get someone who's a certified family law specialist to mediate because they know a lot more about family law. It's also important to go to someone who's had mediation training. We recommend looking for a lawyer, who is a family law specialist, and who is a certified mediator through our governing board. This will give you a better chance of getting the best agreement for you and your spouse in place.
4️⃣ When should I try mediation?
For some people, mediation before separation works because then they agree upon a plan for how to separate and who is doing what by when. For others, they need the space and separation of not living together before they can meaningfully take part in mediation. Others need time to heal before they can talk finances. We decide on a case-by-case basis at our firm when our client AND the other side are ready for mediation. Why do we care about the other side? Because if the other side isn’t ready, our experience is that the mediation has less of a chance of being successful.
We love seeing people come to mediation and staying out of court because we think two adults can come to a better resolution of their divorce than any judge typically can do. If you have any questions about mediation, watch part 2 of this series and give us a call! We are located in Cary, North Carolina, but we work in all the surrounding cities, including Raleigh, Chapel Hill, Morrisville, Apex, Wake Forest, Durham, and more!
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Get FREE resources about divorce in North Carolina: https://www.trianglesmartdivorce.com/...
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Website: https://www.trianglesmartdivorce.com/
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