Mediation

Mediation is a form of Alternative Dispute Resolution.  It’s an alternative to the often lengthy and expensive ordeal of filing pleadings, doing formal discovery, holding depositions, attending pre-trials and trying your case. The mediator is a neutral third party who listens to both parties’ positions and helps them negotiate a mutual agreement. She does not make a decision or advocate for either party. Mediation is an effective way of putting people in control of their own case, preserving relationships between parents who need to continue to relate as parents, and getting to a resolution.

North Carolina courts require all litigants (people who have filed lawsuits) to mediate custody and property disputes. The court provides a custody mediator (free of charge to the parties) and attendance at an orientation and at least one mediation session is mandatory. For property issues, (the Equitable Distribution) the parties are required to employ a private mediator. Judy Whisnant brings deep experience and a friendly but firm hand in assisting people in the mediation context. Sometimes the parties choose to mediate property, custody and child support issues in the same mediation and this is frequently an efficient way of handling the case.

When you call us to discuss the option of mediation, please let us know from the beginning that’s what you’re interested in, so that we can appropriately handle your call.

• Helpful links:
• http://www.mediate.com
• http://www.mediate.com/annietucker

Collaborative Law

Collaborative Law is a dispute resolution method where, instead of engaging in adversarial techniques and litigation, the parties agree that they will try in good faith to resolve the issues in their case between themselves. Instead of taking the case to court, both parties have attorneys who help them reach an agreement by using cooperative strategies and negotiation. The crucial distinction between collaborative law and other types of dispute resolute is that in collaborative law both the parties and the two attorneys agree at the outset that the attorneys are disqualified from participating in any litigation proceedings and will have to withdraw from representation if either party should file suit.

This agreement that these attorneys will not go to court is what makes the process work. Once the threat of litigation is out of the way, (although not formally waived), the parties are free to exchange information (that would come out anyway), sit down together and state their concerns and interests. This process most often results in a better solution than one imposed by a court, because the solution is truly tailor-made by the people whose lives will be affected by it. This process saves time and money, because it is more efficient than litigation and can work much more quickly. Best of all, it protects, and sometimes even heals, the relationship between the parties, who may need to work together to raise their children.

Judy Whisnant has been trained in Collaborative Law and brings her skills and years of experience as a mediator and counselor-at-law to this very constructive and dynamic new approach to family law.

• Helpful links:
• www.trianglecollaborativelawyers.org
• http://www.collaborativelaw.com/
• http://www.collaborativedivorce.com/