Charlotte Divorce Mediation & Arbitration Lawyers

Offering Alternatives to Litigation Through Mediation & Arbitration

Going through a divorce does not always mean you have to end up in court. Alternative dispute resolution, also known as divorce mediation and arbitration, can be an effective tool for amicably resolving a family’s legal disputes. These techniques can achieve some of the most positive resolutions to your case by offering more expeditious and cost-effective means of resolving your dispute, without having to go before a judge.* Before assuming that your case will go to trial, you should discuss your situation with an experienced Charlotte divorce mediation and arbitration attorneys at Jetton & Meredith.

Our firm is dedicated to helping clients achieve their goals in a timely and cost-effective manner while protecting and advocating their rights at all times.* We have extensive experience using the techniques of negotiation, mediation, and arbitration for our clients.

Mediation: Resolving Your Dispute without Costly Litigation

In the mediation process, a mediator is a neutral third party hired to help partners resolve their case amicably. It is highly advisable for each party to have legal representation during the mediation session.

The mediator attempts to identify points of agreement between the two parties, guiding them to a workable and mutually acceptable solution. This gives the parties more control over the eventual outcome, in that their specific needs can be addressed. By contrast, in litigation, all decisions are in the hands of a judge – and quite often, neither party is satisfied.

Our Charlotte divorce mediation lawyers have experience using mediation to develop favorable family law solutions.* We can explain the mediation process, review your situation, and help you decide whether mediation or some other dispute resolution technique is right for you.

The Use of Arbitration in Family Law

The arbitration process is governed by North Carolina’s Family Law Arbitration Act (NCGS 50-41). Based on the agreement of the parties to participate in arbitration, all issues arising out of the marital relationship – except for absolute divorce – can be arbitrated by the parties.

The parties select a neutral arbitrator who acts, for all intents and purposes, as a private judge. The arbitrator reviews evidence, hears arguments by each partner’s attorney, and issues decisions. The arbitrator’s award or decision will then be taken to family court, where the judge will issue an order in conformity with the arbitrator’s decision. Keep in mind that the court does have the power to modify the terms of the arbitration decision.

While arbitration is similar to a trial in that the arbitrator’s decision is binding, it offers a more timely and informal approach.

What are the Benefits of Divorce Mediation?

The main benefit of divorce mediation is giving couples full control of deciding their own terms, rather than having a judge determine the outcome of a divorce. They could agree to follow existing laws or vary from it. The point is that things are not black and white in mediation as they are in traditional litigation.

The following are the client benefits of divorce mediation in North Carolina:

• Less costly – Compared to court litigation, mediation is substantially less expensive. While a mediated divorce costs up to $5,000 on average, a case that goes to court often costs three times higher—or even more if litigation involves depositions, expert witnesses, and increased attorney fees.
• Less time-consuming – The purpose of mediation is to end disputes involved in divorce as fast as possible. Sessions can be arranged according to each spouse’s schedule, resulting in a quicker resolution that could take only a matter of weeks. When it comes to litigation, you are at the mercy of the court dockets and scheduling issues, meaning your case could last months or years.
• More private – The mediation process is confidential, so neither the mediator or both spouses can share information addressed during the sessions or use it against each other. By contrast, litigation is held in a public courtroom, which means each spouse’s personal matters are available to the public.
• Non-adversarial – The judge determines a winner and a loser, which means both sides typically “come out swinging” and maintain the combativeness throughout the court process. Mediation helps both parties voice their concerns and find mutual solutions that benefit each of them.
• Better for the children – Divorce is hard on everyone involved, especially the children. Court litigation is typically hostile, which can make things worse for children. Since divorced couples must continue co-parenting their kids, they can learn to communicate better with one another through the mediation process.

What are the Benefits of Divorce Arbitration?

The following are the client benefits of divorce arbitration in North Carolina:

• Flexibility in scheduling: The parties are not bound by the court’s schedule. The arbitration hearing will be scheduled at a time that is convenient for all.
• Timely and efficient resolution: The parties can obtain a resolution more quickly than through a trial in family court.
• Confidentiality: Arbitration occurs in a private office, not in court. This makes it ideal for use in divorces involving high-profile individuals such as politicians, athletes, entertainers, and executives.