In North Carolina, mediation is required before a divorce court will hear

arguments in some situations. The parties may also choose to mediate other

issues. If the mediation is successful, the parties will present their agreement to

the court for approval. If mediation fails and the parties are unable to reach an

agreement, the  court will determine the issues at a contested hearing. 

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Two Types of Mandatory Arbitration

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Child Custody / Parenting Time

With very few exceptions, contested custody issues in North Carolina must go through mediation before the issues may be presented to a court. One key reason for this requirement is the idea that when parents work together to reach a compromise, it will assist them in successfully sharing custody and parenting decisions. 

 

The process is meant to be non-adversarial. Unlike many other forms of mediation, the required child custody mediation is conducted without attorneys--even if one or both parties have representation. However, your North Carolina custody lawyer will still play an important role in the mediation process. It’s critical that you clearly think through what you hope to achieve in mediation and what you’re willing to compromise on in advance of the session. Your attorney will help you map out what matters most to you and determine where you can and can’t compromise. This will help ensure that you don’t overlook anything important or agree to something you can’t live with under pressure.

 

You’ll also have the opportunity to have your attorney review the agreement you reach in mediation before it’s submitted to the court. 

 

If mediation fails, your attorney will already be up to speed on the issues in your custody dispute and what’s most important to you, making for an easy transition to preparation for a contested hearing. 

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Property Division

Property division in a divorce case, which is described as “equitable distribution” under North Carolina law, is the second issue that must pass through arbitration. In rare cases, this mediation may be waived. 

Equitable distribution mediation differs from custody mediation in that attorneys participate in the process. Mediators are typically chosen and paid by the parties, though the court may appoint a mediator if the parties are unable to agree. Though mediation isn’t mandatory for other issues, it often makes sense to mediate related issues such as spousal support and attorney’s fees in the same process. 

 

Reaching an agreement on all or most issues can save time, money, and stress. And, it often makes sense to consider issues such as property division and spousal maintenance together, since each will impact the financial positions of each spouse after divorce. 

 

Whether you’re preparing for custody mediation, property division mediation, or a more comprehensive mediation process, an experienced North Carolina divorce lawyer can be your best resource. 

 

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Frequently Asked Questions about North Carolina Divorce Mediation

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What issues can be mediated in a North Carolina divorce? 

Though mediation is only required for child custody and property division issues, the parties are free to use a mediator to attempt to reach an agreement on any or all issues in their divorce case. However, any agreement reached must be approved by the court. 

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Can custody mediation be avoided? 

Custody mediation is mandatory in most cases. However, there are some limited exceptions. For example, if one party has been abusive to the other, or has abused the children, mediation may be waived. Similarly, drug abuse, alcoholism, or psychological issues may serve as grounds for a waiver.

 

How do you prepare for divorce mediation? 

Preparing for divorce mediation is a lot like preparing for trial. To negotiate effectively, you must know what you want. But, you must also know what evidence is available to support your arguments and how likely you would be to prevail if you argued your case to the judge. A party who has done the preparation work in advance and has a solid understanding of the strengths and weaknesses of their case and their most important objectives has an edge in mediation.

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Must a court accept a mediated agreement? 

No. While family law courts favor agreements, the parties don’t have complete discretion to agree on terms. It is the court’s responsibility, for example, to ensure that any custody and visitation agreement is in the best interests of the children. Similarly, property division must be equitable under the standards set forth by the North Carolina legislature. Your attorney can explain what’s required to craft an agreement likely to be approved by the cour