When facing the difficult decision to end your marriage in North Carolina, you’re confronted with many choices that will impact your future and your family’s well-being. One of the most significant decisions you’ll make is how to approach the divorce process itself.
Should you pursue traditional litigation through the court system, or would mediation offer a better path forward for your unique situation?
At Eatmon Law Firm, PC, we understand that every family’s circumstances are different, and there’s no one-size-fits-all solution to divorce proceedings. As experienced family law attorneys serving Wake, Durham, Franklin, and Granville Counties, we help our clients understand their options so they can make informed decisions about their future.
Understanding Mediation in North Carolina Divorce
Mediation is an alternative dispute resolution tool where you and your spouse and your respective attorneys work with a neutral third party – a trained mediator – to resolve disputes and reach agreements on important issues like property division, child custody, and support. The mediator doesn’t make decisions for you but facilitates productive conversations and helps you find mutually acceptable solutions. Of note, in family financial mediations, the mediator will travel between conference rooms to meet with each party and that party’s attorney separately, which helps facilitate more open communication and minimize stress on both parties.
In North Carolina, family financial mediation has become increasingly popular because it allows couples to maintain more control over the outcome of the financial and custody issues surrounding the dissolution of their marriage while often reducing both the emotional and financial costs of ending a marriage.
Mediation has some key benefits – a few of the important ones include:
- Cost-Effectiveness: Mediation typically costs significantly less than traditional litigation. Instead of paying to prepare for multiple court appearances that may or may not be heard by the court on the scheduled day, depositions, and lengthy, contentious legal proceedings, you’re investing in a less formal but structured process designed to reach resolution efficiently.
- Privacy and Confidentiality: Unlike court proceedings, which become part of the public record, discussions in mediation sessions are private.
- Faster Resolution: While litigating all custody, support, and property disputes can drag on for months or even years, mediated issues often resolve after only a full day or two of mediation, allowing you to move forward with your life more quickly. Of course, the timeframe varies based upon the issues and extent of pre-mediation preparation and document exchanges.
- Creative Solutions: Mediation allows for creative solutions tailored to your family’s specific needs and circumstances.
- Reduced Stress on Children: When parents can work together to resolve their differences through mediation, it often creates a less adversarial environment that’s healthier for children during this difficult transition.
When Does Mediation Work Best?
Mediation tends to be most successful when both spouses are willing to communicate honestly and work toward mutually beneficial solutions. It’s particularly effective when:
- Both parties are committed to reaching a fair agreement
- There’s a reasonable level of trust between spouses
- You’re both able to communicate without excessive conflict
- The power dynamic between you is relatively balanced
- You both want to minimize the impact on your children and finances
- Neither spouse is hiding assets or being dishonest about finances
Understanding Litigation in North Carolina Divorce
Litigation is the traditional court-based approach to dividing assets, establishing custody schedules, child support and spousal support, where each spouse is represented by their own attorney, and a judge ultimately makes decisions about contested issues. While this process is more adversarial, there are situations where litigation may be necessary or preferable.
Benefits of Litigation
- Legal Protection: In high-conflict situations or when one spouse isn’t negotiating in good faith, litigation provides important legal protections and ensures your rights are fully represented. Litigation opens the door for formal discovery to obtain information that one spouse may be withholding from the other.
- Court Authority: Judges have the authority to compel the production of documents, and ensure both parties comply with court orders – tools that aren’t available in mediation.
- Protection from Abuse: If there’s a history of domestic violence or intimidation, the court system offers protections that may not be available in mediation settings.
When Litigation May Be Necessary
While mediation is often preferable, there are circumstances where litigation becomes necessary:
- One spouse refuses to participate in good-faith negotiations
- There’s a significant imbalance of power or control in the relationship
- Domestic violence, financial and/or emotional abuse is present
- One party is hiding assets or being dishonest about finances
- Complex business interests or substantial assets require court oversight
- Emergency situations require immediate court intervention
- Previous attempts at mediation have failed
The Hybrid Approach: It’s worth noting that mediation and litigation aren’t your only options.
Making the Right Choice for Your Family
The decision between negotiation, mediation and litigation isn’t permanent. Many couples start with negotiating between them with the help of their attorneys, mediation and move to litigation if they can’t reach agreement on all issues. Others may litigate some issues while mediating others. The key is working with experienced family law attorneys who can help you navigate these decisions based on your specific circumstances.
At Eatmon Law Firm, PC, our Wake Forest family law attorneys are certified mediators and experienced litigators. Both Christine Eatmon and Tamara Brooks are DRC Certified Family Financial Mediators, and Tamara Brooks is a DRC Certified Superior Court Mediator. Christine Eatmon is also a North Carolina Board Certified Family Law Specialist. We can help you explore all your options and choose the approach that best serves your family’s needs.
Moving Forward with Confidence
Whether you choose mediation, litigation, or a combination of both, the most important thing is that you have skilled legal guidance throughout the process. Every separation and dissolution of a marriage is unique, and what works for one family may not be appropriate for another.
If you’re facing divorce in Wake County, Durham County, Franklin County, or Granville County, schedule a consultation with us today to discuss your specific situation. We’ll help you understand your options, explain the benefits and challenges of each approach, and work with you to develop a strategy that protects your interests and your family’s future.