Mediation & Arbitration
We have a wealth of experience as Charlotte Mediation Lawyers & Arbitration Attorneys and can guide you through the entire separation and divorce process. Feel free to contact us if you have any questions or would like to schedule a consultation. We are happy to provide more details on Mediation & Arbitration below:
- Mediation consists of meeting(s) between the parties, their respective counsel and a trained mediator to discuss and attempt to resolve all issues. In equitable distribution and other family financial case mediation proceedings, each party is typically represented by counsel. This is in contrast to the Child Custody and Visitation Mediation Program wherein only the parties meet with the mediator.
- In Mediation for Equitable Distribution and other Family Financial Cases, each party generally has a position or opinion as to how the issues should be resolved and the mediator works to facilitate the parties reaching an agreement. The mediator cannot represent either party. An attorney for one of the parties generally drafts the complete settlement documents setting forth the agreement reached in Mediation.
- Arbitration is a requested and mutually agreed upon meeting wherein each party is represented by an attorney and each attorney presents to the Arbitrator at the Arbitration Hearing his/her client’s case and requests a ruling on the issues at hand. The Arbitrator then makes a decision regarding the issues before him/her. The parties typically agree on who is to be the Arbitrator. The Arbitration may be binding or non-binding.
- N.C.G.S. §50-41 et. seq. is the Family Law Arbitration Act for the state of North Carolina. North Carolina allows, by agreement of the parties, the arbitration of all issues arising out of a marital relationship, except for the divorce itself, but preserves a right of modification based on a substantial change of circumstances on the issues of alimony, child custody and child support. N.C.G.S. §50-41. Unless the parties agree otherwise, a single arbitrator is chosen by the parties to arbitrate all issues in dispute. N.C.G.S. 50-45 (a). The arbitrator may hear and rule with regard to the evidence produced even if one of the duly notified party’s fails to appear. N.C.G.S. 50-47(1).