Mediation · Charlotte, NC
Most divorces don't need to be wars, and most should not be. Mediation and collaborative divorce are structured ways for two people to make important decisions together — with attorneys, with information, and without a courtroom — when the marriage hasn't worked but cooperation still can.
The overview
NC family law contains two principal alternatives to litigation: mediation and collaborative divorce. Both are voluntary; both produce binding agreements. They differ in structure, in role, and in what happens if they don't succeed.
Mediation: a neutral, trained mediator helps the parties reach an agreement on the issues. Each party may have their own attorney; the mediator does not represent either side. Custody mediation is mandatory in most NC counties; ED and alimony mediation is also routine. Mediation is confidential — what's said in mediation is not admissible if mediation fails.
Collaborative divorce: each party has their own collaboratively-trained attorney, but both parties and both attorneys sign a participation agreement saying they will resolve the matter without litigation. If anyone heads to court, both attorneys withdraw — which aligns the lawyers with settlement, not litigation. Collaborative often involves a financial neutral and a mental health coach.
Sub-issues
The process
Here's the path through a typical mediation matter in North Carolina. Your case may move faster or slower depending on the facts; the structure is consistent.
We start by deciding whether mediation, collaborative divorce, or some hybrid fits your case. Not every couple is suited to either; some are extremely well-suited.
Whichever path, both parties need the same information — financial documents, parenting considerations, the same factual baseline. Mediation and collaborative work best with a complete picture.
Mediation is typically conducted in one or several sessions, with each party often in a separate room. Collaborative divorce involves a series of joint meetings with all professionals around one table.
When an agreement is reached, we draft it as a binding separation agreement (or, where in litigation, a consent order).
Where the absolute divorce hasn't yet been filed, we proceed through the year of separation and then file uncontested. Where litigation is pending, the agreement is reduced to a consent order.
Why a specialist
Mediation and collaborative both look gentler than litigation — and they are — but the work is just as substantive. Specialists who do this work know how to prepare for it, when to recommend it, and when to recommend against it.
11
Years exclusively in family law
200+
Cases handled annually
4.9★
Across 217 Google reviews
Recent results
Situation
Couple separating after 16-year marriage; both committed to a respectful process for the sake of their children.
What we did
Six-session collaborative process with financial neutral and child specialist. Negotiated parenting plan, ED, and alimony.
Outcome
Comprehensive separation agreement signed at sixth session. Couple proceeded uncontested through one-year separation and absolute divorce.
Past results do not guarantee future outcomes. Each case is unique.
Situation
Mediation following six months of contested ED and custody litigation.
What we did
Pre-mediation preparation including focused offer-and-counter analysis and child-centered parenting plan drafts.
Outcome
Full settlement at mediation; consent order entered the following week. Trial date released.
Past results do not guarantee future outcomes. Each case is unique.
Common questions
These are the questions we hear most often. Your situation may be different — we’d encourage a confidential conversation.
Meet your attorney
At Ashby Family Law, mediation matters are handled by Morgan. Read more about morgan's background and experience.
Related practice areas
Schedule a Confidential Case Evaluation
Free. Thirty minutes. Your situation, our perspective. No obligation.
Past results do not guarantee future outcomes. Each case is unique and depends on its facts and circumstances.
