Charlotte Divorce Lawyer Blog
How Does a Mediated Divorce Settlement Work?
Divorce can be stressful and challenging. When you decide to divorce, even the most amicable of relationships can turn acrimonious. Suddenly, you and your spouse are arguing about possessions. Sometimes, it may seem impossible to resolve your differences and come to an understanding about your divorce settlement. In North Carolina, marital assets are to be distributed in an equal and equitable manner. If you run into difficulties, you may need to seek divorce mediation.
What is Divorce Mediation?
Mediation is a type of alternative dispute resolution facilitated by a professional third party, called a mediator. There are two main types of mediation, including family financial settlement (FFS) and child custody and visitation mediation. Mediation may be private, or it may be ordered by the court. The purpose of mediation is to allow parties to resolve differences and come to an equitable agreement before they go to court. Mediation gives both parties a safe and objective place to negotiate matters regarding property distribution, debt division, and alimony.
Who is a Divorce Mediator?
A divorce mediator is an objective third party with expertise in the facilitation of dispute resolutions. A mediator is specifically trained to assist parties in negotiating divorce settlement issues. During mediation, you and your spouse, along with your attorneys, are present to discuss the major divorce settlement issues. The mediator is there to keep conversations on track and prevent arguments. The result is more meaningful conversations that allow parties to make divorce settlement agreements that will be utilized as part of the divorce.
Benefits of Divorce Mediation
There are several key benefits that you may get when you utilize a mediated divorce settlement. First and foremost, mediation allows you to have more control over the outcome of the negotiations. Mediation can reduce the time it takes to resolve difficult matters and, therefore, also may reduce the potential costs associated with divorce. Mediated divorce settlements are generally confidential, so you can protect your privacy. Divorce mediation can help reduce friction and settle disputes in a faster and more amicable way.
Does Divorce Mediation Work?
Many couples find that mediated divorce settlements are extremely beneficial. However, in order to be useful, both parties need to be ready to compromise. Mediation takes some work and requires parties to be engaged and able to accept the results. When one party is not committed to the process, you may not get the results you expect. If both spouses agree to try to resolve their disputes with help from a mediator, they may find that they can successfully come to an agreement that is best for both parties. Mediation can facilitate better communication between parties after an initial breakdown in talks. Mediation may take place during the separation period so that the majority of settlement issues are resolved, and the divorce may proceed unheeded.
Mediation is often a viable option during settlement discussions. Your attorney will help guide you through the process and assist you during mediation. To find out more, request a consultation with our skilled legal team at Arnold & Smith, PLLC, at (704) 370-2828.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/mediation
https://www.law.cornell.edu/wex/marital_settlement_agreement
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