Reviewed August 2026
Mediation in North Carolina
North Carolina requires mediation in most contested custody and visitation cases through a statewide program. Under G.S. 50-13.1(b), a court that finds a contested custody or visitation issue must set the case for mediation. This happens before or alongside the hearing date. A local program must exist under G.S. 7A-494, and the court can waive the requirement. This mandatory referral covers custody and visitation only. The statute does not send alimony, child support, or other financial issues to mediation. North Carolina's Administrative Office of the Courts runs the program as the statewide Custody and Visitation Mediation Program, created under Article 39A of Chapter 7A of the General Statutes. The law states the purpose plainly. Mediation aims to reduce conflict between parents and help them reach agreements in the child's best interest. It also gives them a confidential, structured setting to work out disputes over custody and visitation, instead of fighting them out in court.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under North Carolina law for people researching before they file. It is not legal advice, and Virdix does not prepare or file North Carolina paperwork. See how Virdix works for California divorces.
Get notified when Virdix reaches North Carolina
We'll send one email, nothing else, the day North Carolina launches.
When North Carolina requires mediation
G.S. 50-13.1(b) requires mediation of unresolved custody and visitation issues, wherever a local program exists under G.S. 7A-494. This applies to initial custody actions and later modification motions. Custody or visitation issues raised in a contempt or show cause motion can also go to mediation. That referral is not automatic, unlike initial and modification cases.
North Carolina's Administrative Office of the Courts built this into a statewide program in phases, starting July 1, 1989. Local district programs were established across the state's judicial districts. Each one is staffed by a qualified mediator and support staff.
Waiving mediation for good cause
A party or the court itself can move to waive the mediation requirement under G.S. 50-13.1(c). The statute lists specific examples of good cause. These include undue hardship to a party, an agreement between the parties for voluntary mediation subject to court approval, and allegations of abuse or neglect of the child. Good cause also covers allegations of alcoholism, drug abuse, or domestic violence between the parents, and allegations of severe psychological, psychiatric, or emotional problems. A party who lives more than fifty miles from the court can also raise that distance as good cause for a waiver.
Either party can also move to dismiss mediation partway through, under G.S. 50-13.1(d). This sends the case straight to a court hearing if there is bias, undue familiarity between the mediator and a party, or another prejudicial ground.
Mediator qualifications
G.S. 7A-494(c) sets a high bar for who can mediate a North Carolina custody case. A mediator needs, at minimum, a master's degree in psychology, social work, family counseling, or a comparable human relations discipline. The mediator also needs at least 40 hours of training in mediation techniques, from an instructor approved by the Administrative Office of the Courts. On top of that, the mediator needs professional training and experience in child development, family dynamics, or a comparable area. The Administrative Office of the Courts can add further criteria as well.
A Custody Mediation Advisory Committee of at least five members advises the statewide program under G.S. 7A-495. The Director of the Administrative Office of the Courts appoints its members.
Confidentiality
G.S. 50-13.1(e) requires mediation to be held in private and stay confidential. Nearly everything said during a session is absolutely privileged and inadmissible in court. That covers statements from a party to the mediator and statements between the parties in the mediator's presence. Under subsection (f), neither the mediator nor any party or other participant can be forced to testify about what was said during mediation. There is a narrow exception for communications made to further a crime or fraud.
This privilege does not excuse anyone from North Carolina's separate legal duty to report suspected child abuse or neglect under Chapter 7B of the General Statutes. It also does not excuse compliance with related reporting laws.
How a mediated agreement becomes a court order
Under G.S. 50-13.1(g), any agreement the parties reach in mediation must be written down. Each party signs it, and it goes to the court as soon as practicable. Unless the court has good reason not to, it incorporates that agreement into a court order. That order then becomes enforceable like any other court order. If mediation resolves only some of the custody or visitation issues, or none of them, the mediator reports that back to the court. The remaining issues then get scheduled for a hearing.
Even when a mediated agreement is labeled a parenting agreement rather than a custody order, G.S. 50-13.1(h) still treats it as a custody order or child custody determination. This applies for purposes of North Carolina's other custody-related statutes.
Sources: G.S. 50-13.1, action or proceeding for custody, mandatory mediation, waiver, confidentiality, G.S. 7A-494, Custody and Visitation Mediation Program established, mediator qualifications, G.S. 7A-495, implementation and administration, advisory committee
Not independently confirmed
- Whether every North Carolina judicial district currently has an active local Custody and Visitation Mediation Program, as opposed to a shared arrangement with a neighboring district under G.S. 7A-494(b), should be confirmed with the specific district's clerk of court.
- Current mediation session fees or sliding-scale amounts charged to parties in a given district were not independently confirmed and can vary by local program.
Mediation in North Carolina: frequently asked questions
Is mediation mandatory in a North Carolina custody case?+
Yes, in most contested cases. G.S. 50-13.1(b) requires custody and visitation mediation wherever a local program exists under G.S. 7A-494. This applies to original custody actions and modification motions, unless the court grants a waiver.
Can I skip mediation in a North Carolina custody case?+
You can ask for a waiver under G.S. 50-13.1(c) for good cause. Good cause includes undue hardship, allegations of abuse or neglect, and allegations of domestic violence or substance abuse between the parents. It also includes severe psychological or emotional problems, or living more than fifty miles from the court.
What qualifications does a North Carolina custody mediator need?+
Under G.S. 7A-494(c), a mediator needs at least a master's degree in psychology, social work, family counseling, or a comparable field. The mediator also needs 40 hours of approved mediation training and professional experience in child development or family dynamics.
Is North Carolina custody mediation confidential?+
Yes. G.S. 50-13.1(e) requires mediation to be private and confidential. Communications made during the session are generally privileged and inadmissible in court. Neither the mediator nor the parties can be forced to testify about what was discussed, with narrow exceptions.
Can custody mediation cover child support or alimony in North Carolina?+
No. G.S. 50-13.1(b) limits this mandatory mediation program to custody and visitation issues. The statute does not allow alimony, child support, or other economic issues to be referred for mediation.
How does a mediated custody agreement become a court order in North Carolina?+
Under G.S. 50-13.1(g), the agreement must be written and signed by both parties, then submitted to the court. Unless the court has good reason not to, it incorporates the agreement into an enforceable court order. Any unresolved issues get reported back to the court for a hearing.
This page is general information about mediation in North Carolina, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with North Carolina's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in North Carolina. Virdix does not prepare or file North Carolina divorce paperwork. It is not a substitute for an attorney licensed in North Carolina.
More North Carolina divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in North Carolina, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
If the court clerk rejects a document we prepared, we fix it for free until it's accepted. See how the guarantee works