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The dissolution of a marriage does not have to be a costly, drawn-out battle. While divorce has earned a reputation of being contentious, many couples are able to come to an agreement on the important issues without devolving into an ugly fight. This can be possible through helpful tools like mediation.
If you are curious about alternative forms of dispute resolution in the divorce process, or with other family legal matters, a Charlotte mediation lawyer could help. Let a dedicated family attorney from the Sussman Law Firm, PLLC answer your questions about settling contentious issues without the need for litigation.
This process is very different than filing a petition for divorce and battling over disputed issues at trial. It is a collaborative approach to conflict resolution that relies on the help of a third party—the mediator. This person’s role is to facilitate an agreement that is acceptable to both sides.
A mediator is not a judge. They do not hear evidence, take sides, or make a decision. Their purpose is to guide the parties and narrow down the biggest sticking points, including questions about property division or spousal support.
The way a couple reaches consensus can vary. In some situations, all of the parties will discuss these issues in the same room. At other times, each side will be separated, with the mediator moving back and forth to share offers and counter-offers.
There is only a binding result when both sides come to an agreement. If either spouse refuses to accept a settlement offer, the case will continue towards trial. That said, mediation lawyers in Charlotte are often able to get results even among hostile spouses.
For many people, the primary benefit of this method involves saving time and money. Resolving a divorce amicably with the help of a mediator can cost substantially less money compared to long, drawn-out divorce litigation. Reaching an agreement to disputed matters—especially early in the process—can also prevent the lengthy delays that divorce litigation is known for.
There are other benefits to consider outside of the cost. For example, these negotiations are held in private. Unlike a divorce trial, this process is not a public hearing. This allows for greater privacy among spouses who would rather keep their conflicts and finances to themselves.
It is also possible for spouses to retain greater control over these proceedings compared to a traditional divorce case. When the courts are involved, the judge has the final say over everything, including scheduling. By going through mediation, the parties have control of when these proceedings occur and how they are structured.
It is important to remember that any spouse pursuing this method has the right to rely on legal counsel. A Charlotte mediation attorney could make certain that an individual is treated fairly and that their wishes are taken into account.
If you are facing the end of your marriage, there are options outside of traditional divorce litigation. Instead of expensive and lengthy court battles, you might be able to reach an agreement with your spouse using a form of alternative dispute resolution. Reach out to a Charlotte mediation lawyer today to learn how our team could help.