Greensboro Divorce Mediation

Using Divorce Mediation to resolve the issues you and your family face as a result of the spouses' separation has numerous advantages over resolving these issues using a courtroom trial or other adversarial dispute resolution processes. Some of these advantages include:

High Success Rate.  Divorce Mediation has a very high success rate in helping spouses reach a mutually agreeable resolution outside of court.

Self-Determination.  Divorce Mediation allows you and your spouse to reach mutually beneficial agreements, that are determined by you and your spouse, rather than a judge deciding what happens to your money, your assets, your property, and your children.

Out of Court & Confidential.  If you have a trial in a courtroom over disputed issues, what is said and what occurs in the court trial and proceedings are public record. Under North Carolina law, very little can be shielded from the public record and the public's access to the court process and proceedings.  Unlike court proceedings, Divorce Mediation is private and confidential. Divorce Mediation protects and keeps your family and financial information private.  Divorce Mediation also protects families from the conflict and adversarial nature of litigation and going to court.

Lower Cost.  Historically, Divorce Mediation is significantly more cost-effective than other forms of dispute resolution, including going to court and litigation. Divorce Mediation is often 50%-90% less expensive than resolving the issues surrounding separation and divorce in a courtroom trial.

Personalized & Custom Results. Unlike with a courtroom trial, in Divorce Mediation the parties can explore means and methods of a resolution to the issues in connection with their separation and divorce that a judge would not have the power or ability to do. As a result, using Divorce Mediation to resolve these issues leads to a more personalized and custom result which often leaves both spouses and their children in a better position than if they sought a resolution with a courtroom trial.

Shorter Process.  In North Carolina, it is not uncommon especially in the more urban counties, for the issues surrounding separation and divorce to take more than a year to resolve. In Divorce Mediation, the process is significantly shorter, and you have significantly more control over the timeline.  In court, you have little control over the court's calendar and how long it takes for a judge to reach your case for trial and how long it may take after a trial for a judge to issue a decision.  In Divorce Mediation, in many mediations the spouses sign and complete most, if not all, of the necessary paperwork the same day as mediation.

Accessible. Divorce Mediation can occur in-person or online, via virtual video conferencing software such as Zoom, Teams, or WebEx.  Divorce Mediations that are conducted in-person are conducted in an office setting, which provides significantly more comfortable accommodations than sitting on wooden benches in a courtroom during a trial.

Many Divorce Mediations are conducted without either spouse being represented by an attorney (the mediator is neutral, which means he or she does not represent either spouse).  There are many reasons why this might occur, each a choice made by the spouse based on their circumstances at the time. Often this is done as a cost-saving measure. Other times, this is done because the spouses with to first attempt to reach an agreement with the help of a trained mediator before engaging an attorney to pursue court action.  The mediator cannot give advice or recommendations to either party but can explain the law and help generate options for the couple to consider. The mediator can also give feedback as a neutral evaluator (if requested) on what a court "might" do under the particular facts of the families' circumstances. That feedback is only an educated guess or opinion of what a court might do based on the mediator's experience (if the mediator is also a divorce trial lawyer), but some like knowing what “might” happen if they took their matter to court so as to help them consider their options and decide the best way to compromise. At any point, either spouse can choose to consult with a divorce attorney, including at the conclusion of the Divorce Mediaiton by having the final documents reviewed or drafted by counsel before signing.

In other instances, one or both divorcing spouses may want more advocacy in mediation, someone to sit with them during the mediation and to provide advice and recommendations as to what they "should" or "should not" do as it pertains to settlement terms.  In such instances, the spouse may benefit from having an attorney represent them during Divorce Mediation.  If a spouse has their attorney present with them during Divorce Mediation, their attorney can speak on their behalf during the Divorce Mediation.  Having an experienced divorce attorney with you during Divorce Mediation can help you evaluate the various proposed terms, consider whether they are reasonable, and help craft proposed terms.

An experienced divorce attorney can also help you prepare for Divorce Mediation.  In some instances, a spouse might elect to consult with an experienced divorce attorney in advance of Divorce Mediation to help them prepare, but not engage that lawyer to attend the Divorce Mediaiton.

If an agreement is reached during Divorce Mediation, you will be expected to sign a written document reflecting the terms of the agreement reached.  If you have an attorney with you during Divorce Mediation, your attorney can ensure that the right words and language is used in that written document, as legal language must be written precisely.

In preparation for Divorce Mediation, it is important to gather and prepare information and supporting documents as to the spouses' financial positions.  Some times such information may be voluminous, and gathering such can be tedious, but it is a critical piece to the process, as this information is used throughout he Divorce Mediation. Putting in the time and preparation to gather all of the pertinent information will greatly enhance the possibility of reaching a successful resolution in Divorce Mediation. If one of you is feeling dubious about the completeness of the information that the other has provided, you can address this concern at Divorce Mediation session and the mediator will handle it in a way that is fair, non-confrontational, and which considers everyone's point of view.

The following is a basic list of information and supporting document/records which you should gather in advance of your Divorce Mediation

• Assets
  • Biographical information for both spouses (names, addresses, contact information, marriage date, employment & annual gross income for each spouse).
  • Name and date of birth of each child you have together (whether minor or of majority age).
  • Date of Separation and current balance statements for all bank accounts (checking, savings, CD's, money markets).
  • Date of Separation Current balance statements for all children's accounts such as CD's, 529 plans or other custodial college savings plans.
  • Date of Separation and Current balance statements for all stock and bond investment statements.
  • Make, model and year of all vehicles owned and a statement of the private party value for each vehicle (Many spouses use Kelly Blue Book (www.kbb.com)).   
  • Information of any pending civil lawsuit claims in which either or both spouses are a listed plaintiff(s).
  • Date of Separation and current balance statements of any outstanding loans, or verbal promises to repay a loan in which one or both spouses are the creditor(s).
  • Date of Separation and current balance statements of all retirement accounts owned by each spouse such as company pension plans, 401(K)s, 403(b)s, 457's Thrift Savings Plans, Traditional and Roth IRA's, and SEP IRA's. 
  • Statements of all other employment benefits such as stock options, incentives, cash balance, or golden parachute plans.
  • List of all real estate owned by either or both spouses (including primary residence, vacation homes, timeshares, investment properties, and vacant land).  If any real estate has been appraised, copies of the appraisal. 
  • List of all Personal Property and approximate value. (including, household goods, jewelry, art, antiques, collectibles, etc.)
  • List of all businesses owned and estimated current market value.

• Liabilities.
  • Date of Separation and current balance statement for all mortgages, home equity loans or lines of credit held on any real estate owned by either spouse.
  • Date of Separation and current balance statements for all motor vehicle loans.
  • Date of Separation and current balance statement for all student loans.
  • Date of Separation and current balance statements for any other private loans, either verbal or with a written note, in which either spouse is a debtor(s).
  • Date of Separation and current balance statements for all credit card accounts. 
  • Information on any pending civil lawsuits in which either spouse is/are a named defendant(s).

• Insurance
  • Declaration sheet for all life insurance policies held by either spouse, and a statement of the cash surrender value of any whole or universal life insurance plans.
  • Declaration sheet for all disability policies held by either or both spouses.

• Income  
  • Copies of pay stubs/income statements of each spouse for the previous six months of all W-2 or 1099 employment.
  • Copies of state and federal tax returns for the previous three (3) years and all corresponding W-2 or 1099 statements.
  • Copies of corporate tax returns for the previous three (3) years if one or both spouses have a business.

• Other Related Marital Documents
  • Copies of all pre-marital, and/or marital agreements in effect such as any pre or post-nuptial agreements.
  • Copies of any trust documents
  • If you were married outside of the United States, a copy of your marriage certificate of license.

In addition to gathering financial information, you will also want to assess and consider the issues to be discussed during the Divorce Mediation and what thoughts you might have about how to best resolve these issues.  Commonly, in connection with divorce and separation, spouses often need to consider and find a resolution on the following topics:

• Property & Debt Division (Equitable Distribution)
• Spousal Support
• Child Custody and Visitation
• Child Support