Readers of this blog who are interested in using mediation in their own divorces are cautioned that discussions with divorce attorneys may prove completely misleading. That is because the North Carolina courts and bar association have created a version of “mediation” that bears little resemblance to the real thing. I have met many clients who went for a consult with an attorney, asked about mediation and were told, “Don’t worry, we do mediation as part of the litigation process.” So I though it time to explain the difference between what I shall call “real mediation” and “phony mediation.”
Tag Archives: North Carolina divorce law
From the perspective of a mediator, extra marital affairs often generate challenges that make it more difficult to help couples achieve fair and amicable settlements. I thought it would be interesting to discuss why that is and to look at some of the problems raised by affairs when negotiating marital settlements. Continue reading
To understand the differences between good divorce and bad divorce requires a distinction between the two things: the fact of the divorce and the way of the divorce. The first refers to the losses that usually accompany the end of a marriage. There are inevitable dislocations as some or all of the family have to adapt to new homes, changed economic circumstances, new parent-child arrangements and all the feelings that come with major change, feelings of loss, anger, humiliation, failure, insecurity and fear for the future of oneself and one’s children. At its best, divorce is a painful and stressful experience for all whether done well or poorly. The second factor is the way or the how of divorce. This refers to the manner in which the couple gets divorced. Do they negotiate a settlement of child-related and financial issues that both regard as fair or is it a war of attrition to see who can bludgeon the other into submission? Do they retain the capacity for civil and cooperative communication around the children or do they forfeit this to bitterness and recrimination? Do they retain control over the negotiation process or do they give that control up to contending lawyers and the judicial system?
The fact that some couples have ugly divorces and others have decent divorces is not explained by chance alone. We know that there are steps that couples can take that dramatically reduce the level of conflict in divorce. And we know that reducing that level of conflict also reduces the impact of the divorce on both the couple and their children. For the past twenty years mental health counselors have been encouraging divorcing clients to use mediation rather than adversarial divorce as a way to negotiate settlement agreements. We know that most couples who mediate do so successfully. About 80% of those who try, succeed. We also know that those couples conclude their agreements in much less time, at far lower cost and have a much higher rate of compliance with agreements than do couples who settle their divorces through traditional methods.
In mediation the focus is on keeping the divorcing couple in control of the process. A mediator helps the couple to have discussions and negotiations that they are unable to have on their own because of the deteriorated state of their relationship. Issues related to parenting, support and division of property are all explored and resolved by the couple facilitated by the mediator. The role of lawyers is changed, in this system, from surrogates to advisors and consultants.
Contact me anytime you have any questions about North Carolina divorce law, custody issues, or separation and settlement agreements. You are under no obligation and it would be my pleasure to answer your questions.
- You can achieve a “good” divorce (sammargulies.com)
- How you manage the beginning shapes the entire divorce (sammargulies.com)
- Divorce Doesn’t Have to Mean Going Broke (sammargulies.com)