Divorce Mediation in Tennessee

Jackson, TN lawyers guide you on the way to a reasonable compromise 

Mediation, a type of alternative dispute resolution, is often a stage of Tennessee divorces. Some couples use mediation effectively to craft a settlement agreement, which allows them to avoid trial. Others might be able to resolve some of the issues while still having to go to court to resolve those remaining. At Grant & Sain, PLLC in Jackson, our divorce lawyers understand the value of mediation. We prepare our clients for mediation and represent them during their mediation sessions. We also follow their progress and evaluate tentative agreements to ensure their rights are protected. With capable legal counsel and a skilled mediator leading your discussions, you can enhance your prospects of reaching an equitable settlement.

Who doesn’t go to divorce mediation?

Mediation doesn’t work for every divorcing couple. Legally separated spouses filing no-fault may have already worked out a comprehensive settlement, so a judge would have no reason to order further mediation. In addition, couples with a history of domestic violence are not likely to have success in mediation, since the process requires mutual respect, a degree of trust and open communication free of intimidation. In those cases, a judge is likely to proceed directly to trial. Most cases lie somewhere between these two extremes, a judge will almost certainly order mediation.

How divorce mediation works in Tennessee

Before a judge can issue a divorce decree, couples must resolve major issues, such as alimony, child custody, child support and division of marital property. Mediation provides a means to negotiate an agreement on these matters.

Mediation involves talking sessions, in which a neutral third party, the mediator, guides discussions towards a reasonable compromise by encouraging open discussion and a free exchange of ideas. Mediators are often attorneys, but they are not permitted to give legal advice. Therefore, it’s still important for each party to have their own lawyer who can advise them on a range of matters, including what documentation to bring, goals for each session and a strategy for negotiating. The mediator should strive to achieve a reasonable compromise between the two parties, but it is the attorney’s job to protect their client’s rights and avoid getting them into an agreement they might regret. 

Mediation sessions are scheduled according to parties’ availability and proceed until all matters are resolved or the parties become deadlocked. When parties reach a tentative agreement, the attorneys review the document and may negotiate some of the finer points. 

Finally, the parties present their signed agreement to the judge, who incorporates its terms into the divorce decree.

Advantages of divorce mediation

Like the collaborative divorce process, mediation is a cooperative exercise with several advantages over courtroom litigation, including: 

• Savings of time and money
• Less emotional turmoil
• Greater control over the outcome
• Greater privacy

Although court ordered, mediation is not binding. If you don’t like the way discussions are going, you can withdraw and take your case to trial. 

Contact our Jackson, TN law firm for answers on divorce mediation

Grant & Sain, PLLC in Jackson provides trustworthy representation during divorce mediation throughout West Tennessee. To schedule a consultation with one of our partner attorneys, call 731-256-7477 or contact our office online.