According to Boston University, divorcing spouses are more likely to view mediation as “fair” compared to litigation. These surveys also indicate that mediation leads to a greater sense of understanding between spouses, and that women in particular report higher satisfaction when working with mediators. Many of the benefits of mediation revolve around the role of the mediator – an unbiased “neutral” tasked with guiding and empowering divorcing spouses. Those interested in mediation should gain a detailed understanding of this role, as the responsibilities of a mediator are complex. How does a mediator guide spouses during divorce cases? How does one ensure that a mediator is acting in their best interests? Who selects the mediator? These are all valid questions spouses may want to raise during consultations with experienced divorce attorneys in North Carolina. Consider dialing (888) 748-KING for a continued conversation at King Law Offices. Our offices are conveniently located in Forsyth County, York County, Mecklenburg County, Haywood County, and Watauga County.
What Is Mediation?
Mediation is a form of alternative dispute resolution (ADR). This process is only possible during “uncontested divorce,” a process in which spouses attempt to resolve their disputes without going to court. If spouses can resolve these disputes during private, mediated discussions, they can put their agreements into writing. Next, a judge reviews and signs this agreement – making it legally binding. In this way, spouses avoid expensive, time-consuming, and stressful trials. Mediation is also a flexible process, allowing spouses to decide for themselves what is in the best interests of their family.
Mediation is not only for divorces. People use this process to resolve all kinds of other disputes, including contractual issues, personal injury cases, and so on. While mediation can offer certain cost-saving benefits, its success is not guaranteed. If the parties cannot resolve their differences in private, a trial may be necessary. In this case, mediation could potentially become more expensive for spouses in the long run – since the cost of ADR becomes a wasted endeavor.
What Is a Mediator?
According to the North Carolina Judicial Branch, mediators must meet several requirements before playing a role in divorce cases. Mediators are often licensed lawyers. Alternatively, one can become a mediator in North Carolina with a four-year college degree and 10 years of high-level management experience. A non-lawyer may also qualify for this role after completing 20 hours of mediation training with experience conducting at least 30 mediations within three years. Finally, mediators may apply to become certified in North Carolina with a master’s degree or doctorate – plus additional high-level management experience.
Unlike a divorce lawyer, a mediator does not represent either spouse. These individuals are supposed to act in the best interests of both parties without favoring one or the other. This often proves to be a difficult balancing act. The role of the mediator may be educational in nature, as they often help spouses understand complex aspects of the divorce process. These insights can help spouses assess their various options – including potential choices they were previously unaware of.
What Are the Powers of a Mediator?
The powers of a mediator are relatively limited. These individuals merely guide discussions and facilitate the discussion of various solutions. One might think of mediators as “referees” in sporting matches. That said, some mediators are more forceful in the way they guide discussions. The role of a mediator generally depends on the circumstances of each case and the personalities of the spouses. For example, one spouse might constantly interrupt the other – and the mediator may need to step in and warn that individual to stop. On the other hand, spouses may be more mindful communicators – and the mediator may only need to make brief suggestions every few minutes.
In terms of the actual authority of a mediator, these individuals cannot force spouses to do anything. Although mediation itself may be mandatory, no law in North Carolina states spouses must navigate this process successfully. If one spouse is intent on pursuing a trial, there is nothing that can stop them from doing so. Mediators only have the power to suggest outcomes, and they cannot force spouses to agree on anything. This is markedly distinct from the role of an arbitrator. During arbitration (another form of ADR), arbitrators can force spouses to accept legally binding resolutions.
How Do Spouses Choose Mediators?
Mediation is a voluntary process, and one spouse cannot force the other to participate. As a result, both spouses should play a role in selecting a specific mediator. Often, spouses create shortlists of several candidates before narrowing down their options and choosing a mediator. North Carolina has various mediator certification programs, including the Family Financial Mediator Program and the Superior Court Mediator Program. Spouses may want to review the specific certifications of a mediator before working with them. Many mediators are also practicing family law attorneys. Spouses who need help selecting a mediator may want to speak with King Law Offices for further guidance. This law firm has certifications in both the Family Financial Mediator Program and the Superior Court Mediator Program.
Learn More About the Role of the Mediator With King Law Offices
Many spouses report high levels of satisfaction after navigating their divorce cases with help from mediators. This process offers numerous benefits – and it may be cheaper and less time-consuming than a divorce trial. Spouses also report less stress, as mediation is based on mutual understanding rather than the adversarial structure of the courtroom. In addition, it is inherently more private than a public trial, allowing spouses to settle sensitive, embarrassing disputes without any details going on the public record. That being said, the role of the mediator is key in manifesting these various benefits. Although training can help mediators eliminate various preconceptions, these individuals are never truly neutral. The truth is that there is no real way to completely eliminate subconscious bias, and spouses still benefit from North Carolina divorce lawyers who can advocate for them. The role of the mediator is an important subject, but so is the role of a lawyer during this process. To continue this discussion, consider dialing (888) 748-KING for King Law Offices. We have locations in Winston-Salem, Rock Hill, Charlotte, Waynesville, and Boone.