Our experienced family law attorneys are always ready and prepared to represent you in court. However, there are alternative options to going to court for your divorce, child custody, property division or other family law related issues. Our attorneys have a plethora of experience in successfully helping clients reach an agreement using alternative dispute resolution methods such as mediation and arbitration.
Mediation &
Arbitration
Mediation &
Arbitration
Our experienced family law attorneys are always ready and prepared to represent you in court. However, there are alternative options to going to court for your divorce, child custody, property division or other family law related issues. Our attorneys have a plethora of experience in successfully helping clients reach an agreement using alternative dispute resolution methods such as mediation and arbitration.
What is Mediation & Arbitration?
Mediation and arbitration are two types of Alternative Dispute Resolution (ADR) methods and share similarities, as both involve the parties working together to resolve (or attempt to resolve) the dispute. Both parties can be represented by an attorney during either ADR setting. Additionally, both ADR methods can be used to resolve many or all of the issues in legal dispute.
While there are similarities between arbitration and mediation, there are several differences to be aware of as well. Read our blog for a comprehensive comparison between the two dispute resolution alternatives.
How could Mediation assist me?
Mediation is a voluntary and collaborative process in which a neutral third party helps disputing parties communicate and negotiate to reach a mutually acceptable agreement.
How could Arbitration assist me?
Arbitration is a more formal process where a neutral third party hears both sides of a dispute and makes a binding decision that the parties must follow.
Clarity Starts with a 15-Minute Conversation.
Whether you have questions about mediation, arbitration, or another family law matter, we’re here to help. Choose a convenient time for a confidential 15-minute case review.
Frequently Asked Questions
What is divorce mediation?
Divorce mediation is a confidential process in which a neutral third party helps spouses discuss and resolve issues related to their separation or divorce. The mediator does not decide the outcome or represent either party. Instead, they facilitate productive conversations that can lead to agreements on property division, custody, child support, alimony, and other family law matters.
What is the difference between mediation and arbitration?
Mediation and arbitration are both forms of alternative dispute resolution, but they serve different purposes. In mediation, the parties work together to reach a mutually acceptable agreement. In arbitration, an impartial arbitrator hears evidence and makes a decision that may be binding, depending on the agreement between the parties. Mediation emphasizes collaboration, while arbitration resembles a private court proceeding.
What if we cannot reach an agreement during mediation?
Not every mediation results in a full settlement, and that’s okay. Some couples resolve all issues, while others narrow the areas of disagreement before continuing negotiations or asking the court to decide the remaining disputes. Even partial agreements can reduce the time, cost, and stress associated with litigation.
Should I have an attorney if I am participating in mediation?
Yes. Although the mediator remains neutral, your attorney represents your interests and helps you understand the legal consequences of any proposed agreement. Having legal guidance before signing a settlement can help ensure that your rights are protected and that you fully understand the terms you are accepting.
Is mediation required in North Carolina?
In many family law cases, North Carolina courts require parents to participate in custody mediation before a judge hears a custody dispute. Other types of mediation may be voluntary or ordered by the court depending on the circumstances. Even when mediation is not required, many families choose it because it offers greater flexibility and control than litigation.
What issues can be resolved through mediation?
Mediation can help resolve many family law issues, including child custody, parenting schedules, child support, alimony, property division, debt allocation, and other matters arising from separation or divorce. The specific issues addressed depend on the needs of the family and the willingness of both parties to negotiate.
Is everything discussed during mediation confidential?
Mediation is designed to encourage open and honest communication. Most discussions that occur during mediation cannot be used later in court, subject to certain legal exceptions. This privacy often helps participants explore solutions more freely than they might in a public courtroom.
Why choose mediation instead of litigation for your situation?
For many families, mediation offers a more cooperative, efficient, and cost-effective path to resolution. It often reduces conflict, preserves important relationships, and allows families to craft solutions that fit their unique circumstances rather than relying on a court-imposed decision. At New Direction Family Law, our attorneys use over 100 years of combined experience to help clients evaluate whether mediation is the right approach for their goals. Schedule a consultation with a NC Bar Certified Family Law Specialist today.
Schedule a Consultation Today
No two family law cases are the same, which means there is no one-size-fits-all solution. Whether you’re considering mediation, arbitration, or traditional litigation, our attorneys will work with you to understand your priorities and develop a strategy tailored to your unique circumstances. Together, we’ll help you make informed decisions and move toward a resolution that supports your future.
Backed by more than 100 years of combined family law experience, our NC Bar Certified Family Law Specialists have helped families throughout Raleigh and the Triangle navigate complex legal matters with confidence. No matter where you are in the process, we’re here to provide the trusted guidance and personalized support you deserve.
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Related Blogs
Not every family law dispute has to be resolved in a courtroom. Explore our related blog articles to learn how mediation and arbitration work in North Carolina, the differences between these alternative dispute resolution methods, and how they may help you reach a more efficient and cost-effective resolution.
The Role of Mediation and Arbitration in Resolving Family Disputes
Alternative dispute resolution methods like mediation and arbitration play an increasingly important role in North Carolina family law because they can provide a more efficient, private, and constructive way to resolve disputes. In many cases, these approaches allow families to maintain greater control over outcomes while reducing…
Collaborative Divorce vs Mediation: What’s the Difference?
If you’re a North Carolina resident with a marriage nearing its conclusion, you need to understand what your options are for resolving your divorce. If you hope to resolve the issues of your divorce out of the courtroom, two alternative options you might consider are collaborative divorce and mediation. These two legal avenues include benefits…
Mediation as an Alternative to Family Court
For many people, going to court and facing tough questions during an emotionally difficult time such as divorce or separation can be extremely difficult. Moreover, sometimes spouses wish to reach a resolution to their differences without a lot of time or expense. Mediation is a great option for people in these situations…
