What Is Divorce Mediation in Tennessee?

Mediation in Tennessee is a commonly used form of alternative dispute resolution, or ADR. In large part, the ADR option is intended to help avoid litigation. Essentially, mediation is an informal process to assist the parties in voluntarily resolving their legal disagreements.

As professionals, mediators often help couples reach agreement on parenting plans and child custody, supplemental child support, the division of their marital property and debts, and the amount of alimony to be awarded (or not awarded), among other things. In mediation, almost anything is negotiable.

What is divorce mediation in Tennessee?

Ideally, spouses enter into divorce mediation to avoid litigation by resolving as many issues as is feasible, perhaps all of them, without judicial interference or the need for a trial.

A distinct advantage of mediation is that the parties remain in control of their divorce and are the final decision makers on the matters that were settled. If they do not settle their differences cooperatively with the help of a neutral facilitator, then the judge must step in and decide for them. By participating in mediation, spouses can often avoid what they perceive as undesirable consequences in a mandate from an outsider – that is, the adjudicator in the family law case.

Mediation Is Often Less Costly Than Litigation

Quite often, mediation is the less costly alternative when attempting to settle disputes before a trial becomes necessary. With the mediator’s guidance and resulting agreement, the family law case may progress more quickly and with less antagonism. Because of this, the courts in Tennessee and in most other states strongly encourage participation in mediation whenever possible. Take a moment to read Jeff Landers’ article in Forbes on The Four Divorce Alternatives, of which mediation is recognized as one of the best.

Parties are always free to privately mediate any disputes they may have, even post-divorce conflicts. Which is why mediation is often included in parenting plans as the first choice for resolving any disagreements that might arise later, when the plan is being implemented. To learn how mediation could be utilized in your family law case, take a look at Divorce Mediation in Tennessee | Answers to FAQs.

3 Characteristics of Mediation

There are three unique characteristics of mediation: any agreements are arrived at voluntarily, the process is confidential, and the sessions are informal. For most participants, mediation is far less intimidating than litigating disputed issues in a full blown trial.

Judge May Order Mediation

In Tennessee, the judge has discretion to order the parties into mediation, as when parents are unable to arrive at a parenting plan in the child’s best interests. However, the spouses are not required to do anything more than try mediating certain disputed issues. This form of ADR does not guarantee a specific result, but it does help break through impasses often enough to make it viable for most couples. Particularly those who are at odds, intransigent, and unable (or unwilling) to make important decisions.

Not all mediations will result in full settlement of the issues presented to the mediator. But mediation almost always helps eliminate issues from the trial agenda. When only one term is agreed to, the spouses are that much closer to the finish line. For example, if two of 10 issues are settled through mediation (say, parenting time during school vacations and who stays in the marital home), only the eight remaining disputed issues will need to be litigated at trial. The two mediated resolutions are added to the couple’s settlement agreement and submitted to the court. The couple has successfully advanced toward a quicker, more amicable divorce or child custody determination.

Mediator as Neutral Facilitator, Not Advocate

Private or court-appointed mediators frequently have training in mental health, although most are lawyers. Regardless, mediators must always remain neutral. The mediator should not advise either party on the fairness of their agreement, on whether the mediated terms are equitable or reasonable, or that a judge will decide a certain way if an agreement is not forthcoming. The mediator is there as a neutral third party, to facilitate agreement only. He or she is not an advocate for either party’s position on any issue and certainly cannot speak for the court.

Tennessee Family Law Attorney as Advocate

The mediation agreement may reflect the parties’ respective positions well enough, but should be turned over to each party’s attorney before being reduced to a formalized document and executed in settlement.

The family lawyer is an advocate experienced at taking the mediated terms and incorporating them into the written settlement agreement. The attorney ensures the client fully grasps the legal consequences of the terms and conditions arrived at through mediation. For the parties’ settlement agreement to become part of the final decree and enforceable as a court order, it must pass judicial muster.

By way of example only, consider two parents ordered by the court to mediate the terms of their parenting plan. The mediator successfully facilitates agreements to:

● Parenting time over the course of the entire year;

● Who should be the primary residential parent (PRP);

● Who should make important decisions about the child’s healthcare, education, and religious upbringing;

● Where the children should attend school;

● Whether the children should continue to reside in the marital home; and

● How parents will mediate future disputes regarding the parenting plan.

If the parties are not represented by counsel, then there is no legal advocate to review the terms and conditions of the mediation agreement before it is submitted to the court. When parties are represented by counsel, the mediated agreement is reviewed by their respective attorneys, assuring that the language used will actually carry out the parties’ intentions and will be enforceable while minimizing the likelihood of future problems. The resulting settlement agreement is executed and then submitted to the court. Absent objection, the judge will include it with the final orders.

Divorce Lawyer in Memphis TN

The Miles Mason Family Law Group handles Tennessee divorce, child support, alimony, child custody, and parent relocation. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. A Memphis divorce lawyer from the Miles Mason Family Law Group can help.