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Arbitration & Mediation & Consent Orders

Though similar, arbitration and mediation are different means by which to settle disputes during the process of divorce in North Carolina. Resolution of divorce disputes through these means is private, less expensive, and more efficient than going through a trial.

Arbitration

Arbitration is a voluntary and binding process that occurs outside the supervision of the court. In the case of arbitration, the divorcing parties hand over the power to settle the dispute to an arbitrator, a neutral third party who acts much like a trial judge or jury. It can be formal or informal and includes evidence, opposing arguments, and a written arbitration award.

Advantages of arbitration include:

It can be utilized after initial settlement attempts or if mediation has failed
Ensures the resolution of disputed matters quickly and at a lower cost
Both parties choose their arbitrator, providing greater confidence in the decision resolution process
It is conducted in a private, neutral environment

Mediation

Regarding mediation, the parties retain their right to decide whether or not to agree to a settlement. The mediator does not have the power to impose a resolution, but they are there to persuade and to provide assistance. The mediator will work with both individuals in order to facilitate communication, promote understanding, and ultimately – to explore settlement options. All settlements reached through mediation are memorialized in a written settlement agreement.

Mediation is successful in settling a variety of disputes, including:

Post-Separation Support and Alimony
Alienation of Affection and Criminal Conversation
Child Custody
Child Support
Equitable Distribution
Qualified Domestic Relations Order (QDRO)

Consent Orders

A consent order is an order of the court that is signed by a judge without a trial, containing all of the same effects as a court order that has been established after a trial. Consent orders can only be entered after a child custody lawsuit has been filed, and it is simply part of the settlement process. We recommend requesting a consent order when dealing with an unreliable spouse who may have a history of substance abuse, domestic violence, mental health issues – or are simply unpredictable. Whether or not you are suited for a consent order is determined on a case by case basis.

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Call us today at (252) 296-1200 to discuss your case with Capital to Coast NC Law Group and to find out how we can help you win your case through arbitration or mediation. We have offices located in Cary, NC Greenville, NC and Emerald Isle, NC.

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