Union County Custody Mediation
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Child Custody mediation is mandatory in Union County as is the case with most counties in North Carolina. Limited exceptions to this rule apply if one party lives far away from the courthouse is is in fear of being around the other party. No attorneys are allowed at mediation and may be your last best chance to control the outcome of your case. The mediation process is totally free and allows the parties to avoid court and dial down the conflict level.
It is important to realize the mediators job is to push both sides to settlement and they are not particularity concerned about fairness. This means each party is responsible for knowing the law and knowing what they want before they attend mediation. If an agreement is reach an order will be drafted and each side will have an opportunity to review the proposed agreement before it is submitted to the Judge. Each party may also take the proposed order to an attorney for review as well. If no agreement a hearing will be set for Temporary Custody, which usually will occur in roughly two months. |
CHILD CUSTODY AND VISITATION
5.1 Temporary Hearing. Either party or attorney may file a Request for Setting (Form #2A) for a hearing on the issue of temporary custody or visitation. Upon request, the Case Coordinator will schedule a hearing before the assigned judge, on the issues of temporary custody or visitation and inform the parties or their attorneys of the date, time and place of the hearing. No hearing on temporary custody or visitation shall occur until such time as mediation has been completed, unless the case is exempted from mediation by the Court.
5.2 Mandatory Child Custody and Visitation Mediation. The purpose of the Child Custody and Visitation Mediation program is to provide the services of a skilled Mediator to the parties involved in a custody and visitation dispute. The goal of the program is to reduce stress and anxiety experienced by children in separation and divorce by furnishing an alternate means for the parties to resolve their disputes. This program helps the parties focus on parenting their children during this stressful period by recognizing and planning for the needs of their children. A successful mediation will help the parties put a Parenting Agreement in writing, assist them in resolving future problems without recourse to the courts, and reduce the re-litigation of custody and visitation disputes.
5.3 Participation. The parties to any custody and/or visitation case, including initial filings and modifications, shall participate in mandatory mediation prior to any pretrial conference or trial of these issues, unless exempted by the Court.
5.4 Parties Included. The parties named as the plaintiff, defendant, and/or intervenor in the filing are required to attend orientation and at least one mediation session. Following the mediation orientation, the presence of other parties at the sessions will be allowed only with the consent of the parties involved and at the discretion of the Mediator. The Mediator shall set the rules of behavior for the presence of other parties in his/her discretion.
5.5 Attendance. The parties to any custody and/or visitation case must attend and participate in the orientation session and at least one mediation session to fulfill the Court’s order to participate in mediation. If a party fails to participate in accordance with these Rules, the case will be closed in mediation and referred to the Case Coordinator for a Show Cause Order. The Mediator will utilize Form, Mediation Outcome, to update the Case Coordinator and attorneys.
5.6 Scheduling. Upon filing for custody or visitation, or for a modification to a custody or visitation order, the District Court Judges’ office will register the parties involved for a mediation orientation. The Notice for Custody Mediation Orientation shall be provided to the parties and counsel. Parties should be noticed at least ten (10) days prior to mediation orientation.
The mediator will schedule subsequent mediation sessions with the parties at the time of orientation by providing a Notice of Custody Mediation Conference.
Mediation shall be completed prior to any temporary, permanent or modifications of custody hearings/trials, unless exempt.
5.7 Expedited Mediation. In some cases, the parties may be best served by attending orientation/mediation immediately. A written request for expedited mediation, Stipulation For Expedited Mediation, signed by both parties and/or their attorneys and forwarded to the Mediator will waive the group orientation requirement. The attorneys or parties should contact the Mediator to schedule an expedited appointment that will include both a mini-orientation and a mediation session.
5.8 Exemption from the Custody Mediation Process. In some instances, mediation may not be appropriate or in the best interest of the parties or their children. In these instances, a party may move for an exemption from mediation for “good cause” and good cause is defined as: “showing of undue hardship to a party; an agreement between the parties for voluntary mediation, subject to court approval; allegations of abuse or neglect of the minor child, allegations of alcoholism, drug abuse, or spouse abuse; or allegations of psychological, psychiatric, or emotional problems.” Parties desiring an exemption shall complete and submit a Motion For Exemption From Mediation to the Mediator for the Chief District Court Judge or assigned judge to review, with a copy to the Case Coordinator. The Chief District Court Judge or assigned judge will make a decision based on the submission without a hearing. The Court’s Decision will be recorded on the Order As To Exemption From Mediation. If exempted, the Case Coordinator will calendar the case. If it is not exempted, the case will be scheduled for mediation pursuant to Rule 5.6.
5.9 Full Parenting Agreements. If the parties are able to reach a full parenting agreement, the Mediator will prepare a draft and distribute copies to all parties and their attorneys. A time will be scheduled with the parties to return to sign the final draft, usually within twenty-one days. Final signed agreements shall be presented to the assigned judge or the chief district court judge. The assigned judge or chief district court judge shall review each agreement signed by the parties, and, if appropriate, make the parenting agreement an Order of the Court by signing the Order Approving Parenting Agreement(form AOC- CV- 631). The Mediator will file the final Order and Parenting Agreement with the Clerk of Superior Court, and distribute copies to the parties and counsel. The Mediator will update the Case Coordinator by utilizing Mediation Outcome.
5.10 Partial Parenting Agreements. If a partial agreement is reached, the Mediator will prepare a final draft of the partial agreement and follow the process set out in Rule 5.9. The Mediator will notify the Case Coordinator by utilizing Mediation Outcome, identifying the issues that are to be heard by the Court.
5.11 Temporary Parenting Agreements. If the parties wish to agree to temporary stipulations, the Mediator shall prepare an agreement for a specified period of time. The signing of the agreement will follow the process set out in Rule 5.9. The parties will be given a specific date and time to return to mediation to continue efforts towards reaching a Permanent Parenting Agreement. Should any or all of the parties fail to attend the specified mediation appointment, the Temporary Parenting Agreement shall become permanent one week from the date of the missed appointment at 8:00 AM, at which time the process for termination of mediation shall follow as set out in Rule 5.14. Should all parties attend the specified mediation session, but no agreement towards a Permanent Parenting Agreement is reached, the process for termination of mediation shall follow as set out in Rule 5.14. Should the parties agree upon a Full Parenting Agreement, the process set out in Rule 5.9 shall follow.
5.12 No Agreement Reached in Mediation. If the parties fail to agree, the Mediator will notify the Case Coordinator and attorneys by utilizing Mediation Outcome.
5.13 Modifications. Upon filing a motion to modify a custody or visitation order, the moving party shall file a copy of the Notice of Motion to Modify Custody/Visitation with the Clerk of Superior Court’s office and provide a copy to the mediator and Case Coordinator in the District Court Judge’s Office. If the parties have previously attended mediation orientation they are exempt from attending orientation again and may proceed directly to mediation. The mediator will schedule a mediation session by providing a Notice of Custody Mediation Conference to all parties and counsel once the Notice of Motion to Modify Custody/Visitation form has been received. If the parties have not previously attended mediation orientation The District Court Judge’s Office will schedule orientation and mediation pursuant to Rule 5.6.
5.14 Mediation Termination. The Mediator, in her/his discretion, may terminate the mediation if the Mediator receives information during the course of the mediation that indicates continuing mediation would be inappropriate for reasons of safety, welfare, or significant psychological dynamics. The Mediator will then report to the attorneys, if any, and Case Coordinator that no agreement was reached, and the Case Coordinator will calendar the case.
5.15 Closure of Mediation. A case will be considered closed in mediation if it is exempted from mediation, or, if the parties have: reached an agreement, attended orientation and at least one mediation session without an agreement, reached a consent order through their attorneys, or voluntarily dismissed the case. If a consent order has been reached or the case has been voluntarily dismissed, the moving party shall provide appropriate documentation to the Mediator. The Case Coordinator will not calendar for court any custody or visitation complaint that has not been closed in mediation.
5.16 Inadmissibility. All verbal or written communications from either or both the parties to the Mediator or between the parties in the presence of the Mediator made in a proceeding pursuant to these Rules are absolutely privileged and inadmissible in Court. Neither the Mediator nor any party or other person involved in mediation under these Rules shall be called to testify as to communications made during or in furtherance of such mediation sessions, provided there is no privilege as to communications made in furtherance of a crime, express or implied threat, or fraud. Nothing in these rules shall exempt the Mediator or any other person involved in mediation from the requirements of N.C.G.S. 7B-301 or 108A-102.
5.2 Mandatory Child Custody and Visitation Mediation. The purpose of the Child Custody and Visitation Mediation program is to provide the services of a skilled Mediator to the parties involved in a custody and visitation dispute. The goal of the program is to reduce stress and anxiety experienced by children in separation and divorce by furnishing an alternate means for the parties to resolve their disputes. This program helps the parties focus on parenting their children during this stressful period by recognizing and planning for the needs of their children. A successful mediation will help the parties put a Parenting Agreement in writing, assist them in resolving future problems without recourse to the courts, and reduce the re-litigation of custody and visitation disputes.
5.3 Participation. The parties to any custody and/or visitation case, including initial filings and modifications, shall participate in mandatory mediation prior to any pretrial conference or trial of these issues, unless exempted by the Court.
5.4 Parties Included. The parties named as the plaintiff, defendant, and/or intervenor in the filing are required to attend orientation and at least one mediation session. Following the mediation orientation, the presence of other parties at the sessions will be allowed only with the consent of the parties involved and at the discretion of the Mediator. The Mediator shall set the rules of behavior for the presence of other parties in his/her discretion.
5.5 Attendance. The parties to any custody and/or visitation case must attend and participate in the orientation session and at least one mediation session to fulfill the Court’s order to participate in mediation. If a party fails to participate in accordance with these Rules, the case will be closed in mediation and referred to the Case Coordinator for a Show Cause Order. The Mediator will utilize Form, Mediation Outcome, to update the Case Coordinator and attorneys.
5.6 Scheduling. Upon filing for custody or visitation, or for a modification to a custody or visitation order, the District Court Judges’ office will register the parties involved for a mediation orientation. The Notice for Custody Mediation Orientation shall be provided to the parties and counsel. Parties should be noticed at least ten (10) days prior to mediation orientation.
The mediator will schedule subsequent mediation sessions with the parties at the time of orientation by providing a Notice of Custody Mediation Conference.
Mediation shall be completed prior to any temporary, permanent or modifications of custody hearings/trials, unless exempt.
5.7 Expedited Mediation. In some cases, the parties may be best served by attending orientation/mediation immediately. A written request for expedited mediation, Stipulation For Expedited Mediation, signed by both parties and/or their attorneys and forwarded to the Mediator will waive the group orientation requirement. The attorneys or parties should contact the Mediator to schedule an expedited appointment that will include both a mini-orientation and a mediation session.
5.8 Exemption from the Custody Mediation Process. In some instances, mediation may not be appropriate or in the best interest of the parties or their children. In these instances, a party may move for an exemption from mediation for “good cause” and good cause is defined as: “showing of undue hardship to a party; an agreement between the parties for voluntary mediation, subject to court approval; allegations of abuse or neglect of the minor child, allegations of alcoholism, drug abuse, or spouse abuse; or allegations of psychological, psychiatric, or emotional problems.” Parties desiring an exemption shall complete and submit a Motion For Exemption From Mediation to the Mediator for the Chief District Court Judge or assigned judge to review, with a copy to the Case Coordinator. The Chief District Court Judge or assigned judge will make a decision based on the submission without a hearing. The Court’s Decision will be recorded on the Order As To Exemption From Mediation. If exempted, the Case Coordinator will calendar the case. If it is not exempted, the case will be scheduled for mediation pursuant to Rule 5.6.
5.9 Full Parenting Agreements. If the parties are able to reach a full parenting agreement, the Mediator will prepare a draft and distribute copies to all parties and their attorneys. A time will be scheduled with the parties to return to sign the final draft, usually within twenty-one days. Final signed agreements shall be presented to the assigned judge or the chief district court judge. The assigned judge or chief district court judge shall review each agreement signed by the parties, and, if appropriate, make the parenting agreement an Order of the Court by signing the Order Approving Parenting Agreement(form AOC- CV- 631). The Mediator will file the final Order and Parenting Agreement with the Clerk of Superior Court, and distribute copies to the parties and counsel. The Mediator will update the Case Coordinator by utilizing Mediation Outcome.
5.10 Partial Parenting Agreements. If a partial agreement is reached, the Mediator will prepare a final draft of the partial agreement and follow the process set out in Rule 5.9. The Mediator will notify the Case Coordinator by utilizing Mediation Outcome, identifying the issues that are to be heard by the Court.
5.11 Temporary Parenting Agreements. If the parties wish to agree to temporary stipulations, the Mediator shall prepare an agreement for a specified period of time. The signing of the agreement will follow the process set out in Rule 5.9. The parties will be given a specific date and time to return to mediation to continue efforts towards reaching a Permanent Parenting Agreement. Should any or all of the parties fail to attend the specified mediation appointment, the Temporary Parenting Agreement shall become permanent one week from the date of the missed appointment at 8:00 AM, at which time the process for termination of mediation shall follow as set out in Rule 5.14. Should all parties attend the specified mediation session, but no agreement towards a Permanent Parenting Agreement is reached, the process for termination of mediation shall follow as set out in Rule 5.14. Should the parties agree upon a Full Parenting Agreement, the process set out in Rule 5.9 shall follow.
5.12 No Agreement Reached in Mediation. If the parties fail to agree, the Mediator will notify the Case Coordinator and attorneys by utilizing Mediation Outcome.
5.13 Modifications. Upon filing a motion to modify a custody or visitation order, the moving party shall file a copy of the Notice of Motion to Modify Custody/Visitation with the Clerk of Superior Court’s office and provide a copy to the mediator and Case Coordinator in the District Court Judge’s Office. If the parties have previously attended mediation orientation they are exempt from attending orientation again and may proceed directly to mediation. The mediator will schedule a mediation session by providing a Notice of Custody Mediation Conference to all parties and counsel once the Notice of Motion to Modify Custody/Visitation form has been received. If the parties have not previously attended mediation orientation The District Court Judge’s Office will schedule orientation and mediation pursuant to Rule 5.6.
5.14 Mediation Termination. The Mediator, in her/his discretion, may terminate the mediation if the Mediator receives information during the course of the mediation that indicates continuing mediation would be inappropriate for reasons of safety, welfare, or significant psychological dynamics. The Mediator will then report to the attorneys, if any, and Case Coordinator that no agreement was reached, and the Case Coordinator will calendar the case.
5.15 Closure of Mediation. A case will be considered closed in mediation if it is exempted from mediation, or, if the parties have: reached an agreement, attended orientation and at least one mediation session without an agreement, reached a consent order through their attorneys, or voluntarily dismissed the case. If a consent order has been reached or the case has been voluntarily dismissed, the moving party shall provide appropriate documentation to the Mediator. The Case Coordinator will not calendar for court any custody or visitation complaint that has not been closed in mediation.
5.16 Inadmissibility. All verbal or written communications from either or both the parties to the Mediator or between the parties in the presence of the Mediator made in a proceeding pursuant to these Rules are absolutely privileged and inadmissible in Court. Neither the Mediator nor any party or other person involved in mediation under these Rules shall be called to testify as to communications made during or in furtherance of such mediation sessions, provided there is no privilege as to communications made in furtherance of a crime, express or implied threat, or fraud. Nothing in these rules shall exempt the Mediator or any other person involved in mediation from the requirements of N.C.G.S. 7B-301 or 108A-102.
