Is Mediation Actually Required in North Carolina?
For custody and visitation disputes specifically, yes. Under G.S. 50-13.1, any contested custody or visitation case is referred to the Custody and Visitation Mediation Program before or alongside the scheduling of a hearing, unless the court waives it. Alimony, property division, and other financial issues are not covered by this mandatory referral, though couples remain free to mediate those issues voluntarily.
This mandatory referral applies not only to initial custody filings but also to later motions to modify an existing custody order that is already in place, meaning parents returning to court years after their divorce often find themselves back in mediation before their modification request ever gets a hearing date on the court’s calendar.
A Greensboro divorce mediation lawyer prepares clients for this mandatory custody mediation early, since the sessions move quickly and unprepared parents often struggle to advocate effectively for a workable schedule that actually reflects their family’s needs.
When Can Mediation Be Waived?
A court can waive the mandatory referral for good cause shown, and North Carolina’s program recognizes several specific grounds for a waiver. These include allegations of domestic violence between the parties, child abuse or neglect, a party’s alcoholism or drug abuse, severe psychological or psychiatric problems, or undue hardship, such as living more than fifty miles from the courthouse.
Requesting a waiver requires a formal motion supported by actual documentation, not simply a preference to avoid mediation, and the court retains discretion over whether the stated grounds actually justify skipping the program entirely. A vague statement that the parties “do not get along” generally will not satisfy this standard on its own.
What Actually Happens During Mediation?
Participation in the program involves two required steps: an orientation class explaining the process, followed by at least one mediation session, typically around two hours, with additional sessions scheduled if the parties are making progress. Mediation sessions are private and confidential, and statements made during the process are generally not admissible if the case later proceeds to a hearing.
If the parties reach agreement, the mediator prepares a detailed written memorandum summarizing all the terms, which attorneys then use to draft a formal court order. If mediation does not fully resolve every single issue, the case returns to court for the unresolved matters, though partial agreements reached during mediation can still narrow what actually needs to be litigated at a later hearing.
What Should You Prepare Before Mediation?
Walking into mediation with a clear sense of priorities tends to produce a more workable outcome than improvising during the session itself. Useful preparation includes:
- A proposed weekly and holiday schedule reflecting your actual availability and work commitments
- A clear understanding of your child’s school, activity, and medical schedules
- Specific concerns you want addressed in any final agreement
- Realistic expectations about which issues are likely to require compromise
- Any documentation relevant to a request for a scheduling accommodation
Parents who arrive with a concrete, written proposal in hand, rather than only objections to the other parent’s position, tend to reach workable agreements considerably faster.
How Does The Spagnola Law Firm Prepare Clients for Mediation?
Mediation works best when a parent enters the room with a clear, realistic plan rather than open-ended positions. The Spagnola Law Firm helps clients develop a specific proposal before mediation begins, then continues supporting the case through drafting or further litigation if any issues remain unresolved once the session concludes.
What Should Your Next Step Be?
Understanding what North Carolina’s mandatory mediation program actually requires can make the real difference between a productive session and a frustrating one. If you are facing a custody dispute in the Greensboro area, a Greensboro divorce mediation lawyer can help you prepare a workable, specific proposal before you walk into your first mediation session with the other parent.
