调解与仲裁

Family law 和 divorce attorneys in Guilford County spend a portion of their practice in mediation 和/or arbitration. Certain lawyers have special training in mediation 和/or arbitration, 可能对你的案子有用. 在典型的调解和/或仲裁之外, your lawyer can negotiate a settlement with the opposing counsel, 如果你同意的话. This may be especially useful in cases where the parties are dealing with many volatile issues, 哪里可能会发脾气.

然而, sometimes a lawyer mediator can facilitate a settlement by bringing all parties together with their lawyers in a conference room for an open discussion of the issue(s). Your lawyer will protect your interests 和 make sure you do not agree to something unfair under the law. The opposing lawyer will do the same thing for your spouse. 因此，拥有一份工作仍然很重要 经验丰富的家庭法律律师 at your side during the mediation, even though a lawyer mediator is present. The mediator lawyer facilitates communication but does not represent you or give advice. (It is unethical in North Carolina for one attorney to represent the interests of both you 和 your spouse because your interests are not the same.)

Mediation is not binding unless an agreement (or a consent court order) is properly documented. The results of a mediation must be written down in an agreement by your attorney (who represents your interests) 和 your spouse's attorney (who represents your spouse's interests). 之后的措辞是令人满意的, then you 和 your spouse sign the agreement before a notary in the offices of your respective attorneys. 那时，也只有那时，你才被法律约束. Without the written agreement that has been signed by both parties 和 notarized, the results of the mediation are not legally binding on either party. 如果文件是同意法庭命令, a judge must also sign the document 和 the document must be entered by the Court 和 filed with the Clerk’s office.

Sometimes, a mediation can be turned into a binding arbitration. This is the major difference between a mediation 和 an arbitration. You are not bound by the results of the mediation until you 和 your spouse sign the agreement in front of a notary (or the judge signs the consent order). 在仲裁中, you are bound by the decision of the arbitrator; there is no fine-tuning of an agreement after the fact to make sure that everyone agrees. 在仲裁中, the arbitrator has the final say 和 makes the final decision. Ask your attorney if you are interested in this option.

As you can probably tell from the information provided above, 中介是一种更灵活的选择, especially in a field like family law where there are a lot of personal issues to be decided. Both mediation 和 arbitration are seen as less expensive alternatives to litigation. These methods can help you 和 your spouse come to an agreement on contentious issues without having to involve a judge. The mediator acts as a facilitator towards attaining such an agreement. 再一次。, this is where mediation differs from arbitration – in arbitration, 仲裁员实质上是法官.

The experienced family law 和 divorce attorneys here at 伍德拉夫家庭律师事务所 have helped many clients go through the process of mediation 和/or arbitration. Our experience in this area makes our attorneys well-qualified to assist our clients through either mediation or arbitration.