Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In divorce cases, the court will often order the spouses to engage in mediation in an attempt to agree on how to resolve matters at issue in the divorce—including (1) the division of marital property, (2) the division of marital debts, (3) child custody and visitation, if applicable, (4) child support, if applicable, and (5) spousal support.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the divorce case will proceed to trial, with the judge making many of these determinations. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In North Carolina, mediation is a common step in the divorce process, particularly when it comes to resolving issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. The state's courts often mandate mediation as a way to encourage parties to settle their disputes outside of the courtroom. This process involves a neutral third-party mediator who assists the disputing parties in negotiating a settlement. While the mediator facilitates the discussion, they do not have the authority to impose a decision. Participation in mediation does not obligate the parties to reach an agreement, and they retain the right to have their case decided by a judge if they cannot resolve their differences. Any discussions or negotiations during mediation are typically confidential and are not admissible as evidence if the case goes to trial. This confidentiality is designed to promote open and honest communication between the parties during mediation.