Mediator’s Role in Family Law Mediations
Going through any family law dispute is an emotionally charged process that is often best resolved through the process of mediation. Mediation is an effective tool that offers an alternative method of resolving issues outside of court by providing an opportunity for parties to come together in a confidential setting with a trained mediator who can assist them in finding compromises to disputed issues. Meditations are so successful that the court has mandated the use of them in most all family law cases, however choosing the best mediator for your case can go a long way in increasing your odds of a successful outcome.
In North Carolina there are many opportunities to resolve family law controversies outside of a courtroom. Parties can voluntarily agree to participate in mediation to resolve any issues prior to, or after filing an action with the court. In addition, the mediation process also allows parties to select a mediator to assist them in resolving their family law matters. And, in some cases, if parties are unable to agree on a mediator, the court will appoint one if there is a pending action. While mediators can be anyone trained in conflict resolution, choosing a mediator who is not only adept in family law issues but is also specifically trained in conflict resolution can greatly improve the chances of reaching a successful outcome in mediation.
Janet Amburgey is a board certified family law specialist and a board certified family financial mediator. Her knowledge and experience of family financial issues and other related matters enables her to offer a broader perspective of unique solutions in difficult situations. Some of the common issues that can be resolved in a family law mediation include:
- Equitable distribution of property and debts
- Child custody and parenting agreements
- Child support issues
- Post Separation and Alimony issues
- Any breach of contract claims between the parties
During mediation is it critical to provide the parties with a structured environment that not only facilitates open communication but also keeps everyone focused on the issues at hand. Often this is best accomplished by separating the parties in different rooms. Providing parties with a safe and comfortable environment allows each side to have their own voice and discuss their specific issues without any type of intimidation or other overbearing influence that may have existed in the relationship.
Speaking with each side separately also enables a mediator to identify specific issues and determine what each side is willing to offer. Aftering having an understanding of the case, including the strengths and weaknesses of each side’s argument, a knowledgeable mediator can provide the parties with a realistic view of any probable outcomes, should the parties be unable to reach a resolution. And, while a mediator does not make any decisions or take sides, a good mediator can offer invaluable insight and provide creative solutions while filtering any negative emotions that can derail negotiations. By keeping the parties informed of the reality of their situation, it often helps facilitate a fair resolution of the issues at hand.
Janet Amburgey has practiced family law her entire career and she understands the complexities involved as well as the delicate nature of these issues. She realizes the emotional rollercoaster parties endure, especially when their personal lives are being scrutinized. While mediators are unable to offer any legal advice to the parties, as that is reserved for their attorneys, having extensive experience in divorce matters enables her to provide non biased and practical solutions that help parties resolve their issues in a peaceful and efficient manner. As a mediator and a family law attorney, it is her goal to problem solve in the most efficient manner possible by providing effective and forward thinking solutions.
If your case needs a qualified family law financial mediator to assist you in your dispute, whether you have filed a lawsuit, or are in the early stages of a separation, call us today at 828-258-3368, or contact us online to schedule your next mediation with us.
This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.