By Danielle De Angelis, Attorney at Law
Not surprisingly, one of the biggest challenges when couples divorce centers around finances. How do you divide up property, assets, and debts fairly? Will alimony be paid? How much child support will be paid (and by which parent)?
What Does a Certified Family Financial Settlement Mediator Do?
A Family Financial Settlement Mediator acts as a guide – or referee – for the two individuals and their attorneys (if they are represented) as they negotiate a financial settlement that is acceptable to both parties. The goal here is to keep the case out of the busy court system and reduce overall costs to the divorcing parties. A settlement negotiated in this fashion will almost always be better for both parties than one imposed by a judge.
How Does the Mediation Process Work?
In most cases, the court orders mediation early in the process when there is an apparent dispute to see if the parties can come to a joint resolution. The parties may choose a mediator from the list of those who have been certified as Family Financial Settlement Mediators. If the parties cannot agree, the judge will appoint a mediator.
In either case, the parties schedule an appointment with the mediator, who meets with all parties to explain the process. If appropriate, the mediator may meet with each party separately, as well, before continuing the mediation session.
It is important to note that the mediator is not there to give legal advice. It is generally helpful to have your own attorney there to answer legal questions. If the parties come to an agreement, one of the attorneys will generally document the agreement for both parties to sign and file with the court. If neither party is represented, the mediator will prepare a non-binding summary of the meeting that may be used by an attorney or the court to create a final agreement.
If the parties are not able to come to an agreement, the case will go back to the court system to continue through the process.
Is All Mediation Court Ordered?
No. Prior to filing a law suit, parties may also engage a mediator to help with the financial settlement process. This may save both parties some money and make the process smoother.
Mediation Works
After many years of family law practice, I’ve seen that mediation works. That is why I went through the coursework to become a Family Financial Settlement Mediator, earning my certification in January of 2025. If you have questions or need to hire a mediator, please contact Brinkley Walser Stoner to schedule an appointment.
Download a copy of the N.C. Dispute Resolution Commission brochure on mediated settlement conferences in equitable distribution and family financial cases (FFS) in English or Spanish, you may wish to speak to a condemnation attorney to learn your rights. Contact us today to make an appointment.