Dedicated  Raleigh Divorce Lawyers  and  Family Law Attorneys

At The Law Corner, mediation is a process in which the parties hire DRC Certified Family Financial mediator, Brian S. Demidovich, to assist them in reaching an out of court settlement in a peaceful and practical manner. Practicing family law since 2004, Mediator Demidovich has the experience and legal knowledge to guide the parties to a resolution. Mediator Demidovich can provide information about the black letter law and the legal process and when asked, provide an opinion to help the parties resolve issues.

The goal of mediation is to assist the parties in reaching agreements that meet the needs of both parties without the financial and emotional cost of legal proceedings. The goal is guiding the parties to a personalized, respectful resolution that facilitates communication and minimizes conflict. Mediation also allows the parties to retain privacy and control throughout the course of the process. 

Benefits to Mediation: 

• Saves time (60-90 days vs 12-18 months)
• Saves money (less than $5,000 total vs. $10-20,000 per party per attorney)
• No lawyer on retainer
• Voluntary
• Access to lawyer if needed

Downside to Mediation: 

•  A mediator does not represent either party and cannot provide legal advice.  (but that’s ok because you always have access to an attorney at any time) 

The Process:

The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator's role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. Since the mediator's job is to keep the parties focused on exploring productive avenues to settlement, posturing and hard bargaining are often reduced or eliminated. A mediation session is private and confidential. It is normally held in an attorney’s office and no public record is made of the proceedings. If no settlement is reached, any statements made during the proceedings are inadmissible as evidence in any subsequent litigation. The mediator cannot testify for either one of you in court.   

 There will be reasonable expectations for you to contribute to and simplify the process; forms and questionnaires will be made available in advance of the sessions for those that would like to begin gathering data, completing documents, making decisions, etc. This may help to reduce costs. 

Following the joint meeting, the mediator will usually separate the parties and begin meeting with them in a series of private, confidential meetings called "caucuses". In these caucuses, the mediator works with each of the parties to analyze their case and develop options for settlement. Normally, the mediator will caucus numerous times with both sides until the case either settles or it becomes apparent that settlement will not be reached. 

Realizations of Litigation:

• The law cannot provide the remedy you want, only you can

• You have little to no control

• The Judge makes the decision and typically neither party “wins”

• You want to end a problem, not destroy a relationship. Filing a lawsuit can be perceived as a hostile act

• Domestic cases are put on a one year calendar by the legal system

• Either spouse may appeal a Judge’s decision

• You can continue to litigate even after a final decision is made

• Emotional damage to parties and their children

• Attorney fees and costs are uncontrolled