Working Toward a Settlement

Settlement Negotiations

Getting divorced in North Carolina doesn’t have to mean going to court.  In many instances, our North Carolina attorneys can work with your spouse’s legal counsel to share information and draft settlement proposals.  Successful negotiations can result in mutually agreeable Separation Agreements and Property Settlements that are enforceable by the court.

When Settlement Just Isn’t An Option
If settlement negotiations fail, we will assess your individual situation and recommend taking a new approach that may include mediation, arbitration or litigation.  Adopting a new tactic can often jumpstart stalled negotiations and lead to an eventual agreement.

BACK TO TOP

Collaborative Law

There’s a popular new movement toward collaborative law that offers a relatively inexpensive and efficient way to resolve issues if you and your spouse are willing to make a good faith effort to disclose information and work together to reach an agreement.

Collaborative law takes a serious commitment from both parties to share information openly, treat each other with respect and refrain from taking adversarial positions. The two parties agree to hold a series of structured meetings with their attorneys to work toward a settlement. 

If a settlement cannot be reached, the attorneys for both parties must withdraw from the case and refrain from any further involvement.  This stipulation is designed to ensure that the attorneys involved have an equally vested interest in reaching an amicable resolution.

A Novel Approach… But Not Right For Everyone
The concept of collaborative law is beautiful, and in theory, it makes perfect sense.  But, in reality, separation and divorce often turn ugly.  The charged emotions and personal history can make it hard for couples to effectively work together — despite their best intentions.  If the collaborative process does not work out, you will have to pay a new attorney to get up to speed on your case. It’s important to consider your emotional state and the seriousness of your unresolved issues before determining if collaborative law is right for you.

BACK TO TOP

Mediation

Mediation involves selecting an impartial third party to assist you in reaching a settlement agreement before or after the filing of a lawsuit.  An experienced and talented North Carolina mediator can bring even the most heated and passionate disputes to a successful resolution by negotiated compromise.

In recent years, mediation has proven extremely effective in helping couples reach settlements — typically in the form of an agreement or consent court order — that leaves both parties satisfied. 

A Small Price To Pay For A Potentially Big Payoff
While mediation does require payment of a mediator’s fee, you will often achieve significant savings by avoiding the delay and cost (financially and emotionally) of going through a trial.

BACK TO TOP

Arbitration

Arbitration in North Carolina involves retaining an arbitrator, or private judge, to resolve your dispute in the privacy of a business office.  The arbitrator acts in the same manner as a judge, regulating the exchange of information, hearing arguments from both sides and ultimately ruling on disputed issues.

Both parties must agree to arbitration and sign a binding arbitration agreement that names the arbitrator, designates the issues which the arbitrator will be asked to rule on, and spells out any limitations to the arbitrator’s authority.

The Advantages & Disadvantages of Arbitration
For people who prefer the privacy, flexibility and freedom of working outside the court system, arbitration is an excellent choice.  It gives you the ability to select a subject matter expert as arbitrator, to choose specific dates for hearings, and to reach binding decisions without being subjected to the rules of court. 

The disadvantages to arbitration include the expense of retaining an arbitrator and the difficulty of appealing an arbitrator’s ruling if he makes mistakes. The expense of retaining the arbitrator is often counterbalanced by the efficiency of streamlining the process.

BACK TO TOP

Med-Arb

This approach involves a combination of mediation and arbitration. Both parties work together to select an impartial third party to serve as a mediator. If you are unable to resolve your dispute through mediation, the mediator then assumes the role of arbitrator and issues a binding ruling.

BACK TO TOP

Neutral Evaluations

To facilitate a settlement, it can be helpful to have an independent third-party hear arguments and provide an unbiased legal opinion that predicts how a judge might rule if the dispute were to go to court. You can obtain a neutral evaluation regarding a single issue, such as child custody, or all issues relating to the separation.

BACK TO TOP