For those who wish to avoid the expense, negativity, publicity, and time involved in resolving civil matters such as divorces, there is another way: mediation. This process allows the parties to have input on the resolution and keeps the matter out of the courts. An experienced Hendersonville mediation attorney facilitates the decision-making process, helping the parties to create an agreement that reflects the goals and objectives they have.
What Is Civil Mediation in North Carolina?
Civil mediation is a method of resolving civil matters without going to court. Instead, the parties involved in the matter attend one or more sessions with a mediation lawyer in a private setting. The goal of the process is that, through these sessions, the parties will be able to create and sign a legally-binding agreement that precludes the need to resolve all issues involved in the matter privately.
Some of the issues that can be resolved through mediation include:
- Parenting plans, including provisions for custody and child support as well as grandparent visitation
- Spousal support (alimony)
- The division of assets and the allocation of debts
- Custody matters occurring after a divorce decree has been finalized
In addition to divorce, mediation can also be used in other types of civil matters, including personal injury cases and contract or debt disputes.
The Benefits of Mediation
There are many benefits of mediation, not the least of which is that the process is private and affordable. Other benefits of mediation include:
An Informal Atmosphere
The parties aren’t constrained by the formalities of the court. Each party can communicate their needs in a more reasonable amount of time than it would take within the judicial system.
A Quicker Resolution
The court process is often burdened by court scheduling, which can result in the parties waiting several months for their trial date, with uncertainty as to whether all of the issues will even be resolved on that date or if additional appearances will be required.
A Gentler Process
The court process focuses on winning and losing as well as obtaining evidence to show that one party is right and the other party is wrong. Mediation allows the parties to work together on a solution that both can live with without requiring them to negate the other’s position.
Court records are generally public, increasing the risk that personal and financial information about the parties involved in the dispute can find its way into the wrong hands.
A Greater Degree of Control for the Parties Most Impacted by the Resolution
The court process is largely out of the hands of the parties involved. They can introduce evidence and documentation to show their side, but ultimately the decisions that need to be made will be made by someone who is neither involved or affected by them.
Increased Satisfaction in the Outcome
Because the parties involved in the issue have an active role in creating an agreement to resolve the issue, they’re generally happier with the resolution.
A major benefit is the ability to create a customized agreement that resolves the issue to the satisfaction of the parties involved that doesn’t necessarily need the court’s input.
The Creation of a Collaborative Approach That Can Be Used to Resolve Future Issues
When a couple is able to resolve divorce issues through mediation, the skills they learn through the process can help them to resolve issues that arise in the future.
Mediation is a positive choice for many individuals involved in a civil matter such as a divorce or a business dispute. However, there are certain times when mediation may not be the best solution, such as divorces involving spousal abuse or matters in which one party has been threatened or is intimidated by the other.
What Does a Hendersonville Mediation Lawyer Do?
An experienced Hendersonville mediation attorney has an important role in the process, as a knowledgeable and unemotional party to the discussion. A mediation lawyer is tasked with ensuring that both parties keep the conversation civil and focused on a resolution rather than focused on the emotion of the matter. They are also responsible for ensuring that the parties address all aspects of the issue in order to create an agreement that covers contingencies and doesn’t leave any loose ends that can cause problems later.
A mediation lawyer uses financial data and other information to create a base of knowledge for discussions to begin and plays a neutral role in order to keep the conversation productive and the parties comfortable that they are not being singled-out by the process.
If You Have a Matter to Resolve Through Mediation, Contact King Law
Gone are the days when every civil dispute resulted in a court appearance and the likelihood of contentiousness between the parties. The parties in civil matters are relying more and more on the mediation process as a fast, effective, and customizable way to resolve their legal matters. Mediation is particularly helpful in matters such as divorces involving children, as it sets a pathway for the divorcing couple to approach issues that may arise in the future as they continue to parent their children.
If you’re considering divorce or are dealing with a legal dispute with another party, let a Hendersonville mediation lawyer from King Law help you understand the process and our role in it. For a consultation, contact us online or call (888) 748-5464 or (888) 748-KING.