Wake Forest Mediation Attorney

Alternative Dispute Resolution (ADR) encompasses various methods of resolving legal issues without resorting to traditional litigation. These methods are usually more cost-effective, efficient, and less adversarial, often leading to better results because the parties retain more control over the process. Mediation and arbitration are two common types of ADR, both of which can be facilitated by our skilled Wake Forest mediation attorney.

Mediation

Mediation is a dispute resolution process in which a neutral third party, the mediator, helps the parties reach an agreement. Often, the mediator is an attorney with extensive family law experience and specialized training in mediation. Your Wake Forest mediation lawyer can guide you through this process and ensure your interests are represented while maintaining a cooperative environment.

The mediator does not advocate for either party. Their role is to assist both sides in working out their own agreements by leading structured discussions, exploring each party’s needs and interests, and helping them formulate solutions to resolve disputed issues. The parties can agree on a mediator, and each party’s attorney may attend the mediation if desired. In Wake County, parties who have filed claims for equitable distribution are required to attend mediation or another form of dispute resolution.

The mediation process is unique and flexible. The mediator may meet with the parties together or separately—known as “private caucuses”—to facilitate productive dialogue. Unlike a judge or arbitrator, the mediator does not make binding decisions. Instead, the decision-making power remains with the parties. Many individuals work with our Wake Forest mediation attorneys because they value this sense of control and the opportunity to craft a mutually acceptable resolution rather than have one imposed by the court.

If the mediator determines that an agreement cannot be reached, they will declare an “impasse,” and the mediation ends. From there, the parties can pursue litigation or arbitration if necessary.

Linda Ward is certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator and has extensive experience representing clients in mediation and serving as a mediator. Typically, both parties share the cost of mediation equally, with an initial deposit required before the process begins.

Frequently Asked Questions

What are the benefits of mediation?
Mediation is less expensive than litigation, allows the parties to maintain control over their outcome, and can resolve disputes efficiently when attorney negotiations reach a standstill. Working with our North Carolina mediation lawyer can help ensure your rights and goals are protected during this process.

What issues can be mediated?
Equitable distribution, custody and visitation, child support, and spousal support are all issues that can be addressed through mediation.

Why should I participate in mediation if it is not binding?
Although no party is required to reach an agreement, successful mediation often saves both time and money compared to a trial. It also allows parties to focus on what matters most to them and may resolve some or all issues in dispute—reducing the scope and cost of future litigation.

Do I have to have an attorney to participate in mediation?
No, but it is highly recommended. A mediator cannot give legal advice, so it’s important to have your own counsel review any agreements before finalizing them. During the process, your Wake Forest mediator can help you understand your rights, assess settlement options, and strategize for the best outcome.

Is mediation right for my case?
Mediation may not be suitable for every situation, but most cases can be resolved through it if both parties approach the process with reasonable expectations. Discuss your situation with an attorney to determine whether mediation is appropriate for your case.

Visit the N.C. Dispute Resolution Commission online or contact our office to speak with our mediation attorney Wake Forest and Durham families have trusted for years, and learn more about your options for resolving disputes outside of court.

Arbitration

Arbitration is another form of alternative dispute resolution, similar to a private trial. The parties and their attorneys select an arbitrator—typically an experienced family law attorney—and establish the procedures for presenting evidence and testimony. Although arbitration involves costs, it is often faster and more flexible than traditional litigation.

Linda Ward also represents clients in arbitration and serves as an arbitrator. As with mediation, both parties typically share the costs equally, and an initial deposit is required to begin the process.