Conflict Resolution Strategies

For every problem, there is a solution, and at Donna Ambler Davis, PC, we are able to utilize many types of conflict resolution strategies to resolve Family Law disagreements.

Collaborative Law

Collaborative law proceedings are governed by North Carolina General Statute §50, Article 4. Collaborative law is a defined process by which parties contemplating separation or who are separated and seeking a divorce attempt to resolve disputes arising from the marital relationship outside of court. North Carolina law requires that collaborative law agreements be in writing and signed by all parties and their attorneys. It must include specific provisions that require attorneys to withdraw if the collaborative law process does not result in the settlement of the dispute. Our attorneys, Donna Ambler Rice and Robin F. Verhoeven, are both trained and certified in collaborative divorce. Our attorneys use their specialized training in collaborative law as a background to better serve those seeking to resolve their divorce and separation disputes. By blending traditional negotiation with elements of mediation and collaboration, our team helps parties reach win-win solutions.

Mediation

When compared to courtroom litigation, mediation often reduces the overall cost and time of settling disputes. Donna Ambler Davis, PC, offers mediation leadership and support in two ways. First, Donna Ambler Rice and our experienced team of attorneys can provide legal advice before and during mediation sessions to protect your best interest and the best interest of your children. Additionally, Donna Ambler Rice is a trained and certified mediator and is extremely skilled at bringing parties to a resolution during mediation. As the mediator, she is able to help divorcing couples and their respective attorneys negotiate the parameters of their property division, support (child and spousal) or child custody settlement agreements, offering suggested solutions or clarifying points of law.

Litigation

 Not every divorce or custody dispute can be resolved through collaboration, negotiation, or mediation. These methods require that each person involved engage the ability to set emotions aside, with full transparency, and a willingness to compromise. When that is not possible, it may be necessary for the parties to avail themselves of the court system to make decisions about property division, financial payments, and custody of children. If litigation is necessary, our attorneys have decades of experience in navigating the specific requirements of the county in which the case is filed, setting forth a sound legal strategy before ever setting foot in the courthouse and executing that strategy successfully in the courtroom.

Arbitration

Arbitration in North Carolina is defined by North Carolina General Statutes Chapter §50, Article 3. The Family Law Arbitration Act allows individuals to settle contested issues outside of court. Generally defined, an arbitration hearing is an informal legal proceeding held before a neutral court official commonly known as an arbitrator. During the hearing, each side will have an opportunity to present their position to the arbitrator, as well as present witnesses and documents. After each party has had an opportunity to present their position, the arbitrator will make a decision in the case, similar to that of a judge. At Donna Ambler Davis, PC, our attorneys have decades of experience arbitrating cases. Donna Ambler Rice has also arbitrated and decided a number of cases. You can rest assured that our attorneys will work zealously to amicably resolve your issues while remaining committed to your side every step of the way.

Frequently Asked Questions

Having questions as you go through this legal process is very understandable, especially if you have never done it before. Our firm would be more than happy to answer.

What are the benefits of choosing mediation over litigation in a divorce?

One benefit is that mediation is confidential. With litigation, the details of your divorce will be part of the public record. But you can keep the details of mediation to yourself.

On top of that, mediation is often cheaper and faster than litigation. You don’t have to wait for the court system, and the two of you can work together to make decisions. The less conflict there is, the faster this process tends to go – and you get more control over the outcome of those decisions.

Can mediation be used for child custody and support issues?

Yes. If you and your spouse can come up with a child custody arrangement on your own, the court may need to approve it, but you are allowed to determine what schedule you think works best for you and puts your child’s best interests first. The court will simply need to review this or any child custody arrangements to ensure that they actually adhere to state law and that the child will be getting the financial support and parental guidance that they need.

Is divorce mediation or collaborative law suitable for all couples, or are there situations where it might not be appropriate?

It often just depends on the level of conflict in the relationship. Some people are going through an amicable divorce. Maybe they’ve just grown apart over time. They can still work together and get along, especially because they are co-parents who are focusing on their children’s best interests.

However, litigation may be the only path forward if there’s a lot of conflict. Say that your ex wants to have sole custody and will not compromise. You don’t want to give up all custody rights to your children. The two of you are going to be at an impasse, and if you can’t find a joint solution through mediation, you may need to go to court so that the judge can make a ruling and establish your parental rights and child custody schedule.

What happens if we reach an impasse during mediation or collaborative law?

Some couples will try collaborative law and mediation first. But as noted above, if you do reach an impasse, the two of you may still need to move forward with the traditional litigation process. In some cases, couples will believe they can work together and compromise to find joint solutions, but it’s not realistic. What they want is just too different. But you always do have the option to revert to litigation and get a court ruling if there’s no other way forward.