Advantages of Mediation in Your Raleigh Divorce Case

Raleigh Divorce Lawyer MediationRaleigh Divorce  – When and why should you mediate?

Mediation is a form of “alternative dispute resolution.”  It is a way to resolve cases that was an “alternative” to a trial or hearing.

At one time, not too long ago, this was a new idea in family law cases.  Now, if you file a financial case or custody case in Raleigh at the Wake County Courthouse, mediation is required.

It is a process by which the parties (and their lawyers) meet with a neutral person who assists in settling the differences.  That neutral person is called the mediator.

There are several advantages to mediating your Raleigh divorce case:

  • It creates a framework of communication between the parties.
  • It allows both parties to participate.
  • It provides a private environment.
  • It is a confidential process.
  • It makes the parties invest in the agreement and thus increases the compliance.
  • It is less expensive than litigating.

Choosing Your Mediator

Picking a mediator is the easy part.  Raleigh and Wake County are full of experienced and fair mediators.  In the same way you would pick an attorney who knows family law, find one who is also a family lawyer.  Preferably one who litigates cases.  Why would you want a mediator who also goes to court? Because the mediator has a clear reference of what judges do in various factual scenarios.

Furthermore, you don’t even have to pick a mediator in your custody case because one will be supplied by the Wake County Custody mediation office.

Preparing for Your Raleigh Divorce Mediation

Preparing is important.  If you are going to Raleigh child custody mediation through the county, your attorney will not be at there with you.  However, you should talk to your attorney prior to mediation to prepare.  If you are going to a financial mediation with your lawyer, make sure to prepare in advance and carry along important documents.

What is the biggest downside of this process?  It’s that it can’t force either party to be reasonable.  For mediation to work the way it is supposed to, both parties must engage in the process with an attitude of good faith.

Do you want to learn more about mediation?

You might want to read these articles:

Do you need an attorney or a mediator?

If you need an attorney or a mediator in your case call Scott Allen at (919) 863-4183.

 

Scott Allen Approved as Parent Coordinator

 

Raleigh, November 24, 2011.

Raleigh divorce lawyer Scott Allen has been approved as a parent coordinator by the chief district court judge of the 10th Judicial District in Wake County.

When asked about his role as a parent coordinator, Mr. Allen explains: “I am excited for the opportunity to help families in this way. A district court judge in North Carolina may appoint a parenting coordinator in certain child custody cases.  If asked to help in a case, my role is to reduce conflict between the parents for the welfare of the children in high conflict child custody cases.”

Mr. Allen further explained that a parent coordinator does not replace the district court judge in the assigned family court case but is only there to help in a difficult child custody case.   The role of the parent coordinator is as defined by the judge in the high conflict custody case and, depending on the case, Mr. Allen says he may be called on to  “identify disputed issues, reduce misunderstandings, explore compromise, clarify priorities, develop methods of collaboration in parenting, and ensure compliance with the court’s custody order. In other words, I will be there to help promote the best interest of the children.”

Under North Carolina law, a high-conflict custody case is one where the district court judge finds that the parties demonstrate an ongoing pattern of excessive litigation, anger and distrust, verbal abuse, physical aggression or threats of physical aggression, communication issues regarding the children or other conditions that the court determines warrant the appointment of a parenting coordinator.  These high-conflict cases are some of the most difficult cases for the courts to deal with because the high level of parental animosity and the impact on the children.

Mr. Allen says he looks forward working with families as a parent coordinator.

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Raleigh divorce lawyer Scott Allen is a designated parent coordinator in Wake County.  He also handles modification of custody, child custody, and temporary custody hearings and has over seventeen years of experience.  If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.