North Carolina Court Ordered Custody Mediation Program
Often the most significant part of a family law matter, child custody and visitation is addressed in a unique fashion by the judicial system. Whether you are attempting to resolve custody and visitation questions about your children with an Ex or a third party, the Courts recognize that you and other parents or parental figures in your child’s life are best positioned to know what is best for your children. This can be a daunting task to resolve, especially if there is pending litgation with the opposing side. However, in an effort to assist parents through the process, the Courts have developed the Child Custody and Visitation Mediation Program.
5 Things to Know about the North Carolina court-ordered Child Custody and Visitation Mediation Program:
Mediation is MANDATORY in Child Custody cases. Once a custody action has been filed, North Carolina General Statute §50.13-1 mandates that all disputes over custody and visitation are required to go through the mediation process before the case can be heard for a permanent resolution by the court. There are limited circumstances where mediation may be waived by the court. Should the parties choose to forego a private mediation outside of the judicial system, then a Judge will order the parties attend the Child Custody and Visitation Mediation Program.
- The Child Custody and Visitation Mediation Program is provided free of charge by North Carolina Court System.
- During the court-ordered mediation, only the custody and visitation arrangements for the children will be addressed. Child Support is not addressed in this program.
- This program also does not address any other matters that come along with a separation or divorce such as property division, debt distribution and financial support for a spouse.
The Child Custody and Visitation Mediation Program includes:
- Mediation Orientation – class to prepare all parties for mediation. It is typically scheduled 30 days from your scheduled mediation date.
- Generally One (1) Mediation Session – The average length of the mediation session is approximately 2 hours. If the case requires additional time, another session can be scheduled.
It is important to note that attorneys do not attend the court-ordered mediation session, even if both parties are represented in the litigation matter itself. Rather, the only people who are present during the court-ordered mediation session are the mediator and each of the parties to the case. It is highly recommended to have your attorney review the draft of any Parenting Arrangement that was developed during the mediation prior to signing it. This will ensure that you are fully advised not only to the terms of the Parenting Arrangement but also are aware of the legal ramifications and consequences should there be a violation.
Communications during the mediation session are private and not admissible as evidence in a courtroom. Generally, the comments and items discussed will not be shared with anyone who was not present during the mediation session other than the contents of any settlement that is reached.
The overall goal of any mediation is to reach an agreement. As the most litigated matter before the family courts, the judicial system knows that when parents are able to work out an arrangement for a child they share, the child wins.
Once a resolution is reached during the mediation process, a Judge will review and generally approve any parenting arrangement that is agreed upon by the parties. Once approved by the Court, the parenting arrangement becomes a court order. If, however, an agreement is not reached, the case continues to move forward in the litigation process with the ultimate resolution occurring in a trial where the Judge decides the future for the child and the parties.
Luckily, many custody cases find temporary and permanent resolution with the North Carolina court-ordered Child Custody and Visitation Mediation Program. However, due to apparent limitations of the program, parents can also choose to resolve their custody and visitation situation as well as other family law matters in a private mediation.
If you are a parent involved in a contentious custody matter, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
