Whether facing a divorce, trying to reach a child custody agreement, or working through the division of marital property, emotions often run high in family law cases. Many people want to find solutions that are less adversarial and stressful. Mediation is one type of option.
This has become an effective way for families across Tennessee to resolve these difficult situations without the cost of a long courtroom battle. Here is what you need to know about the role of mediation in resolving family law disputes so you can decide if it will work for you.
How Mediation Works
Mediation allows parties to sit down with a neutral third party in an informal setting. With the help of a trained mediator, they can work through their disagreements and try to reach a mutually acceptable resolution.
The mediator does not make decisions for either party. Instead, they keep the conversation productive and guide everyone toward workable solutions. In Tennessee, mediation is often used in family law cases involving:
- Divorce and legal separation
- Child custody and parenting time
- Child support and alimony
- Property and debt division
- Modifications to existing court orders
Tennessee courts also require mediation in certain cases before a contested hearing occurs, especially when child custody is involved. Judges recognize that parents who can work together on a parenting plan through mediation are more likely to co-parent better in the long run.
The Mediation Benefits
Individuals with family law issues often choose mediation because of its numerous advantages. It can be extremely helpful for those dealing with some contentious legal issues. Some of these benefits include:
Less Stressful Than Court
Going to court can feel intimidating. You may be asked to speak in front of a judge, follow strict procedures, and wait months for a resolution. Mediation is more informal. The process takes place in a law office or mediation center, not a courtroom. Plus, the atmosphere is focused on problem-solving, not assigning blame.
Saves Time and Money
Legal battles can be lengthy and expensive, especially when both sides dig in and head for trial. Mediation is usually faster and more affordable than litigation. Even if you and your spouse or co-parent cannot agree on everything, mediation can narrow the issues and reduce time spent in court.
Staying in Control
In a courtroom, a judge will make decisions about your future. In mediation, you and the other party make those decisions. You can create customized agreements that reflect your family dynamic. This is important when it comes to parenting schedules and decisions affecting your children.
Protects Your Privacy
Court hearings in Tennessee are public. On the other hand, mediation is confidential. You will not have to worry about personal matters becoming part of the public record.
The Mediation Process in Tennessee
If you’re involved in a family law case in Tennessee, your attorney or the court may refer you to a Rule 31 Listed Family Mediator. These professionals have completed specialized training and are approved by the Tennessee Supreme Court’s Alternative Dispute Resolution Commission.
There are several steps to the process. They include:
- Scheduling: You and the other party agree on a mediator and set a date and time.
- Preparation: You may be asked to submit financial disclosures, proposed parenting plans, or other documents.
- The session: Mediation usually takes a few hours but can span multiple sessions depending on the complex nature of your case.
- Reaching agreement: If an agreement is reached, it will be put in writing and submitted to the court for approval.
- No agreement: If you cannot reach an agreement, you still have the right to go to court.
Remember that mediators do not provide legal advice. For that reason, you may want to have your attorney involved in the process. At the very minimum, they need to review any agreements before they are finalized with the court.
Is Mediation Always Appropriate?
While mediation works well for many Tennessee families, it is not the right fit for every situation. If there is a history of domestic violence, intimidation, or a power imbalance between the parties, the court may waive the mediation requirement or offer alternative forms of dispute resolution with additional protections in place.
A Path Forward for Tennessee Families
Now that you know the role of mediation in resolving family law disputes, you can take the next steps regarding your case. For many people across Tennessee, mediation offers a more personal, more peaceful path to resolving these issues.
If you’re facing a family law issue in Tennessee and want to explore whether mediation might be right for you, Easter & DeVore, Attorneys at Law can help. Contact us today to schedule a consultation for your case.
