Family Law Mediation: Constructive Solutions to Complex Problems
A pending divorce can be one of the most stressful times of one’s life. Before deciding to fight a costly battle in the court system, many couples find that having a calm and carefully managed discussion is far more effective and efficient.
At The Khan Law Offices, PLLC, in Monroe, we have nearly 20 years of experience and perspective that can help you in even the most trying circumstances. Our goal is an amicable resolution and an effective separation agreement that truly works for your family.
Attorney Allison Khan has been a certified mediator since 2008. She can walk you through the process step by step. Call 704-282-2155.
How Does Mediation Differ From Litigation?
Mediation is not litigation, but rather a procedure where the parties work together outside of court to reach a compromise that is satisfactory to both.
Typically, couples will file for divorce then begin negotiations to resolve marital disagreements while the one-year separation period is pending. You are not always required to go to mediation. However, in most North Carolina jurisdictions, family financial mediation is required before the court will put an ED case on a trial calendar. If you are unable to come up with a separation agreement at mediation, your case may ultimately go to trial.
What Are The Advantages Of Mediation?
In most cases, you can accomplish far more through mediation than through litigation. It is typically less expensive than litigation, and it is often much faster. Most importantly, you will retain control over the outcome instead of allowing a stranger to decide what will happen to your property and your children.
Does Mediation Automatically Grant Me A Divorce?
Many people think that by going to mediation, they will automatically be granted a divorce, or that the mediator will serve as a judge. This is not the case. In reality, mediation is merely a tool that can be used to help settle property division, child custody and child support claims during a divorce. The mediator is a neutral party who cannot take sides or make legal findings.
What Does The Process Look Like?
Sometimes, the parties are in separate rooms and the mediator goes back and forth between them as the negotiations progress. In other cases, the parties may be in the same room and talk to each other directly.
Typically, the mediator will request a mediation “brief,” which explains the parties’ positions and what they would like to accomplish, before the mediation starts. This helps the mediator structure the best possible format for the discussions.
Will The Mediator Tell Us What To Do?
Mediators like Allison Khan are legal professionals, so they understand the practical aspects of divorce and separation agreements. They serve as guides who will ask questions and make suggestions, but they cannot force you to do anything. Mediation is not legally binding, but any finalized separation agreement will be an enforceable contract.
We believe that family law mediation is an incredibly effective tool. Learn more about Allison Khan’s experience as a mediator and how it may benefit you by setting up a consultation about your unique situation. Call The Khan Law Offices, PLLC, at 704-282-2155 today.