Is custody mediation required in North Carolina?

How it works

The Judicial Branch describes two mandatory steps: an orientation class, usually scheduled within 30 days of the referral, and a mediation session of up to two hours. The program is free. Attorneys do not attend sessions, and the mediator makes no decisions about custody.

Mediation covers custody and visitation only. Alimony, child support, and other economic issues may not be referred to the program (G.S. 50-13.1(b)).

Confidentiality

Communications in mediation are confidential and, except as the statute provides, absolutely privileged and inadmissible in court. There is no privilege for communications in furtherance of a crime or fraud (G.S. 50-13.1(e) and (f)).

Waiver

For good cause, the court may waive mediation (G.S. 50-13.1(c)). Good cause may include undue hardship; an agreement between the parties to use voluntary mediation, subject to court approval; allegations of child abuse or neglect; allegations of alcoholism, drug abuse, or domestic violence between the parents; or allegations of severe psychological, psychiatric, or emotional problems. Living more than fifty miles from the court may be considered good cause. The statewide form is AOC-CV-632.

Agreements

An agreement reached in mediation is put in writing, signed by each party, and submitted to the court, which incorporates it in a court order unless it finds good reason not to (G.S. 50-13.1(g)).