Quickly find the answers you’re looking for as it pertains to Mediation in North Carolina.
Nothing in the Collaborative Law Participation Agreement stops a party from terminating the collaborative law process to pursue litigation. However, the parties will have to hire new attorneys to help with litigation.
Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that the attorneys hired are there for the purpose of negotiating a settlement and to prevent going to court. If a couple ever decides to litigate, they must hire new attorneys.
Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal trial so your attorney can help you prepare for as well as represent you during this “trial.”
You and your spouse can agree to arbitration or it can be court ordered.
Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal trial so your attorney can help you prepare for as well as represent you during this “trial.”
Couples can agree to mediate their case at any point; however, in many states, mediation is required by the court after a lawsuit has been filed. For example, North Carolina requires couples to attend mediation before a trial on child custody or equitable distribution.
Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that the attorneys hired are there for the purpose of negotiating a settlement and to prevent going to court. If a couple ever decides to litigate, they must hire new attorneys.
Unless agreed otherwise by the participants, the decision is binding and will become a court order. You can always request the order to be vacated, modified, or corrected if the decision fails to meet certain criteria.
You and/or your attorneys will select the arbitrator. Arbitrators can be lawyers, mental health professionals, clergy, and other trained professionals.
If already in litigation, you and your attorney will continue negotiation as well as prepare for trial. If working on a mediated agreement, you can try other alternatives, such as arbitration or collaborative law, or you can file a lawsuit.
