The Benefits of Mediation in Divorce Proceedings in Tennessee

29 Jul

So, you find yourself in the middle of a divorce action.  What started out that seemed simple is now more complex.  You cannot agree on who should be the primary residential parent of your children or how much time the children should spend with each parent.  You cannot agree on child support.  You cannot agree on how much money is yours in the bank account. 

If you are in court, the judges and chancellors are always happy to hear these issues.  However, remember that they have numerous cases and their judgments are final (after 30 days).  You can later petition the court to modify orders; however, the changes have to be “significant,” and they will not revisit issues on a monthly basis.

The alternative is mediation.  A mediator is a neutral third-party who helps to resolve the issues that arise during divorce.  In the process, you spend time with the mediator to work together in an effort to reach a solution that everybody agrees on.  As opposed to court, the parties maintain control of the decision-making. 

Mediation is generally much less expensive than extensive court battles.  Some mediators are expensive and others are not.  Most mediators have a minimum time limitation.  Usually, it is around 3 hours; however, it could be more or less, depending on the mediator.  Rule 31 Family Law Mediators are mediators who have specifically taken courses to be trained in this area.

Usually, mediation works.  At the end of the process, the mediator will draft a report, which is filed with the court.  The attorneys will then draft an order which reflects the mediation results, and this is filed with the court.  Again, as opposed to extensive litigation, you can always go back to mediation. 


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