Add Required Fields To Legal North Carolina Mediation Forms For Free

When is mediation mandatory? North Carolina law only requires divorcing spouses and or parents who are no longer in a relationship to attend mediation in two situations: If parents wish to take their child custody dispute to family court; or. If divorcing spouses want to take their property division case to court.

You are not required to reach an agreement at mediation. If you do not agree on a settlement, you are not bound by the terms you discussed during negotiations. Whether or not you settle your case, the mediator is required to keep statements made in mediation confidential.

Once you or your spouse files a lawsuit for custody and or equitable distribution, mediation becomes mandatory. There are distinctions between them both. Custody mediation is a free service provided by the state. The court will assign you a free trained mediator and a mediation date.

Until a lawsuit for custody or equitable distribution is filed, mediation is not required in North Carolina. However, that does not mean that if you and your spouse are separating that you cannot choose to participate in private mediation on a voluntary basis.

Is everyone required to go to mediation? Yes, in general. The parents and anyone else making a legal claim for custody of the children are required to attend unless a judge ?waives? mediation, meaning that the parties are legally excused from attending. Waiver does not happen automatically.

In order for the mediation process to function effectively, the parties must communicate openly and honestly. A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication.