
Certain lawyers have special training in mediation and/or arbitration, which may be useful to your case. Your lawyer can negotiate a settlement with the opposing counsel, with your approval. However, sometimes a lawyer mediator can facilitate 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 and make sure you do not agree to something unfair under the law. The opposing lawyer will do the same thing for your spouse. 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 you and your spouse because your interests are not the same.)
Mediation is not binding. The results of a mediation must be written down in an agreement by your attorney (who represents your interests) and your spouse’s attorney (who represents your spouse’s interests). After the wording is satisfactory, then you and your spouse sign the agreement before a notary in the offices of your respective attorneys. THEN, and only then, are you bound legally.
Sometimes, a mediation can be turned into a binding arbitration. Ask your
attorney if you are interested in this option.
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