Mediation and Arbitration

McKnight Law helps separated couples avoid litigation through mediation and arbitration.

Mediation and Arbitration in Wake County

Years ago, going to court to complete a divorce was common. Now, many couples use alternative dispute resolutions when divorcing. Through mediation and arbitration, you can iron out the issues involved in the divorce without using a courtroom. North Carolina law requires that parties involved in custody and equitable distribution claims go to mediation. In addition, couples can choose to go to arbitration to decide on various issues related to the separation.

Your mediation and arbitration lawyer in Wake County can prepare you for mediation and arbitration and take you through the entire process. Contact McKnight Law today to discuss your options outside of the courtroom.

Benefits of Mediation and Arbitration

Numerous North Carolina residents choose mediation and arbitration due to the benefits. Some benefits include:

  • Less expensive 
  • Faster 
  • Private 
In addition, mediation and arbitration allow you to protect your children from litigation. If you would like to enjoy these benefits and more, contact a mediation and arbitration lawyer in Wake County.

Mediation In North Carolina

Mediation is mandatory for equitable distribution and custody cases.

For equitable distribution claims, a neutral third-party mediator will help facilitate the negotiations between you, your lawyer, and the other side. At first, you’ll likely go into a room with just your attorney. Then, the mediator will go from room to room to discuss the negotiations while your attorney provides legal guidance.  

Your attorney is not allowed to be present during mandatory custody mediation. However, you can seek an attorney’s advice prior to the proceedings. If mandatory custody mediation is not successful, your attorney will represent you at a private mediation and/or all future court appearances.

Mediation, in and of itself, is not legally binding. However, you can create a document following mediation that is legally binding. If you and the other party agree to terms, your attorney can formalize the agreement and have both parties sign it.

Family Law Arbitration

North Carolina law allows you to go through arbitration to resolve the issues that come up in (or in many cases after) divorce. Unlike mediation, the arbitrator makes a decision that is legally binding.

The first step is to choose an arbitrator to oversee the process and prepare for your case. Arbitration is much like a trial, with both sides filing motions and preparing discovery before the hearing. Then, the sides present their cases during the arbitration hearing. 

The arbitrator listens to the evidence and then provides a ruling which is final and in almost all cases, not appealable. Courts will recognize and enforce valid arbitration rulings.

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Tell Us About Your Case

Contact Us Today for Your
Free Case Evaluation

*Required Fields

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Why Choose McKnight Law

  • Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.


  • Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.  


  • Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.


  • Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.


  • Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.  

Purposeful Consultation – Discuss all your needs and ask us all your questions during your consultation to find out all the ways we can assist you. If you would like to move forward, we can begin building your case quickly.

Five-Star Reviews – McKnight Law has a five-star rating on Google and numerous accolades on other websites.  

Covers All Areas of Family Law – Our Wake County family law attorneys represent clients in separations, divorces, custody cases, alimony, child support, and more.  

Committed to Clients – McKnight Law is dedicated to all the clients we serve. We find solutions to complex problems and work quickly to help our clients move forward with their cases.

Compassionate Services – We understand that family law cases are difficult for our clients. Our compassionate legal services take the stress away, so our clients can focus on family and loved ones instead of court hearings and cases.  

How Long Do Arbitration And Mediation Take?

The length of arbitration and mediation depends on various factors, including the complexity of the divorce and how far apart the sides are in negotiations. Mediation or Arbitration typically requires a single session that lasts for most, if not all, of the day. Sometimes these proceedings take two or more days to complete. Your mediation and arbitration lawyer in Wake County can evaluate your case and give a basic timeline of what to expect.

What If You Can’t Agree During Mediation?

Many former couples are successful during mediation. Of course, that’s not always the case. If you cannot come to an agreement during mediation, you can arbitrate the case if you wish, and the arbitrator will give a ruling that you must follow. You can also choose to litigate the divorce and let a judge decide. Your Wake County mediation and arbitration lawyer will go over your options with you.

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