Resolutions Outside Of Court

Skilled in Mediation, Arbitration, and Collaborative Law

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At Ellis Family Law, P.L.L.C., our attorneys have earned their reputations as effective litigators, but they are also highly regarded in successfully resolving their clients’ disputes outside of the courtroom through various forms of Alternative Dispute Resolution. From our office locations in Durham, Cary, Pittsboro and Wake Forest, we serve clients throughout the Triangle area looking for legal guidance on their family law matters.

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Mediation

Mediation is a private discussion between the parties, which is facilitated by a trained mediator, in an effort to help the parties reach consensus on how to resolve their disputes. When the parties have control over when and how they resolve their issues, it often results in a better working relationship in the future. This is important when the parties have minor children and will continue to share parenting duties.

Mediation is often most successful when both parties are vested in reaching a resolution outside of court. We also serve clients who choose the arbitration process or a blend of the two.

It is not always necessary to have independent counsel to represent each party in mediation. However, a mediator cannot give specific legal advice to the parties involved. If we serve as a mediator for unrepresented parties, our staff can walk you through the process so you are prepared to make decisions to resolve your disputes that day.

Arbitration

The main difference between mediation and arbitration is that in mediation the parties determine their outcome by reaching an agreement with the help of a third party, while arbitration leaves the outcome up to a third party to determine. Arbitration is akin to litigation, but in a more private, scheduled and controlled environment.

Mediation

Mediation is often most successful when both parties are vested in reaching a resolution outside of court. Our team is experienced and knowledgeable in private mediation, both as advocates for a party and as neutral mediator. We also serve clients who choose the arbitration process or a blend of the two.

Arbitration

Sometimes, a blend of mediation and arbitration (also known as med-arb) helps parties resolve their disputes. In the med-arb process, the parties attempt mediation. If the parties are unable to reach an agreement through mediation, the mediator will make the decision as an arbitrator at the end of the mediation session.

Frequently Asked Questions about Resolutions Outside of Court

Can family law disputes be resolved without going to court in North Carolina?

Yes, in fact, most family law disputes are resolved without trial. The only claim that must go to court is for the absolute divorce, which is just the termination of the marriage.

As long as agreements are in writing and signed before a notary they are enforceable. However, there is little way for the court to enforce custody provisions of a separation agreement. Even if terms are reached, we often encourage parties to file a “friendly” custody lawsuit simply to have an order that is enforceable by the court in the future.

At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. With multiple specialists with over 100 years combined experience throughout the Triangle, you can rest assured your case is being handled with the expertise it deserves.

Collaborative law is a good option for folks who still trust each other to act in good faith and to disclose all necessary information to reach resolution.

At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. With multiple specialists with over 100 years combined experience throughout the Triangle, you can rest assured your case is being handled with the expertise it deserves.

Hear From Our Clients

Related Practice Areas

Most family law matters can be resolved without court — but we are fully prepared to litigate when necessary.

Customized agreements that address custody, support, and property division — keeping parties in control of the outcome.

Aggressive, experienced advocacy for family law matters that require a judge’s decision.

Steady, strategic guidance through divorce, with a focus on protecting your future at every stage.

We Are Here To Help

We are ready to help you resolve your family disputes with less stress and more cooperation.

Ex Files featuring Pour Decisions

  • Stay up to date on changes in North Carolina law
  • Get specialist legal insights to your most pressing family law questions
  • Access exclusive guides and resources you won’t find anywhere else

And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!

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