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Mediation is a process where couples contemplating separation and divorce meet with a neutral, third-party facilitator to assist in resolving their family law issues. Typically, a family mediator will assist the parties in determining how to divide marital assets and marital debts, whether alimony is appropriate, and if so in what amount and for how long, and what child custody arrangement and support is in the best interests of any minor children. Upon determining that divorce mediation is a good option for the couple, they set an initial consultation with a mediator. The mediator may request specific financial information from the parties in advance of the first session. At the initial mediation session, the mediator will facilitate discussion and negotiation between the parties, in the hope of resolving all outstanding separation issues. This may take a matter of hours, and it may take the entire day. At the conclusion of the initial mediation session, parties are typically provided with an outline of what agreements have been made. The mediator will typically memorialize these agreements into a Memorandum of Understanding or a Mediated Settlement Agreement. At follow-up mediation sessions, the parties will review the separation documents with the divorce mediator, to ensure that everyone is in agreement. The mediator can prepare a neutral summary of the agreed terms. Each spouse should have an attorney prepare or review the final separation agreement or consent order so that it meets North Carolina’s signing and acknowledgment requirements. A properly executed separation agreement is enforceable as a contract, and a consent order for child custody and child support is enforceable through the court’s contempt power. Mediation is often the best way to reach resolution in separation and divorce matters. It is fast, cost-effective and efficient, and it lets the parties keep control of their own decisions. Mediation Solutions is located in Huntersville, NC, and provides divorce mediation services to couples going through the separation process. If you are interested in discussing and/or arranging a separation or divorce mediation, contact Mediation Solutions to arrange a complimentary consultation.
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