What if my ex refuses mediation?

In NC, mediation is a way to come to an agreement without the involvement of the courts. It is usually more favorable because each party's views can be included in the agreement without the judge making the final decision. If an action has already been filed, the outcome of mediation can become a court order enforceable by the courts and the police. 

For instance, if you all agree to a custody arrangement after one of you has filed for custody, it becomes a Custody Order. If someone does not follow the order, the other can file a "Motion to Show Cause" and if they win in court, the person who violated the order will face jail-time and/or a fine.

If your spouse, former spouse, or child's parent refuses to go to mediation or refuses to come to an agreement while in mediation, the courts must make the final decision in your case. If you are unfamiliar with the Rules of Civil Procedure or the Rules of Evidence, it is best to hire an attorney because you will be expected to know these rules during your hearing. It is also very difficult to get your point across to a judge if both sides are just accusing the other of being a bad parent/spouse. Hiring an attorney who is not emotionally invested in the case can speed along the process and help your voice be heard.

Our office has had great success with assisting clients who cannot agree in mediation and we have also settled most of our cases through some form of negotiations or mediation. As a N.C. Certified Mediator, I work with clients to assist them in getting the optimum outcome even when their spouse is disagreeable. 

If you have more questions, contact me at (919)321-6569, Nastasia@kisalawatkins.com, www.kisalawatkins.com.