Raleigh Divorce  – When and why should you mediate?

Mediation is a form of “alternative dispute resolution.”  It is a way to resolve cases that was an “alternative” to a trial or hearing.

At one time, not too long ago, this was a new idea in family law cases.  Now, if you file a financial case or custody case in Raleigh at the Wake County Courthouse, mediation is required.

It is a process by which the parties (and their lawyers) meet with a neutral person who assists in settling the differences.  That neutral person is called the mediator.

Advantages of Mediating in Your Raleigh Divorce Case

There are several advantages to mediating your Raleigh divorce case:

  • It creates a framework of communication between the parties.
  • It allows both parties to participate.
  • It provides a private environment.
  • It is a confidential process.
  • It makes the parties invest in the agreement and thus increases the compliance.
  • It is less expensive than litigating.

Choosing Your Mediator

Picking a mediator is the easy part.  Raleigh and Wake County are full of experienced and fair mediators.  In the same way you would pick an attorney who knows family law, find one who is also a family lawyer.  Preferably one who litigates cases.  Why would you want a mediator who also goes to court? Because the mediator has a clear reference of what judges do in various factual scenarios.

Furthermore, you don’t even have to pick a mediator in your custody case because one will be supplied by the Wake County Custody mediation office.

Preparing for Your Raleigh Divorce Mediation

Preparing is important.  If you are going to Raleigh child custody mediation through the county, your attorney will not be at there with you.  However, you should talk to your attorney prior to mediation to prepare.  If you are going to a financial mediation with your lawyer, make sure to prepare in advance and carry along important documents.

What is the biggest downside of this process?  It’s that it can’t force either party to be reasonable.  For mediation to work the way it is supposed to, both parties must engage in the process with an attitude of good faith.

Do you want to learn more about mediation?

You might want to read these articles:

Do you need an attorney or a mediator?

If you need an attorney or a mediator in your case call Scott Allen at (919) 863-4183.