SETTLING OUT OF COURT
-
Mediation
An alternative dispute resolution process using a neutral third party, the mediator, to facilitate negotiations between the parties to help them reach an amicable resolution to the issues at hand.
The mediation process can be a more-cost-effective method of resolving disputes than battling it out in the courtroom. In mediation, the parties have the decision-making power, not the mediator or the attorneys. This allows for flexibility in problem-solving and often times a more favorable outcome than can be reached by taking the issues to trial and allowing a judge to make decisions you’ll have to live with for years to come.
Many counties in North Carolina require parties to attempt mediation before a trial date is set in their family law case. Parties are typically required to attempt mediation prior to setting a child custody or equitable distribution trial.
-
Arbitration
An alternative dispute resolution process using a neutral third party, the arbitrator, who makes a decision as to the resolution of the issues at hand.
Arbitration differs from mediation in process and outcome, as the process is similar to a trial but in a less formal setting.
Unlike mediation where the parties negotiate terms, in an arbitration parties present evidence and arguments to support their desired outcome.
The arbitrator makes the ultimate decision, as opposed to brokering a settlement.
-
Collaborative Law
Collaborative Law is a settlement-oriented process in which the parties agree to work together to, often with a team of professionals including their respective attorneys, to resolve their domestic claims outside of litigation.
The team approach of collaborative law encourages parties to work as a team towards an amicable resolution. This approach allows the parties to share resources, brainstorm ideas, and collaborate with the same ultimate goal in mind. Parties can be very effective when they tailor the outcome of their domestic matters, as opposed to having a judge or other third party decide for them.
If the collaborative law process is successful, the parties resolve their domestic matters without having to ever step into a court room.