Tennessee Divorce Mediation Guidelines
Mediation is an effective form of alternative dispute resolution that can help spouses involved in a divorce avoid costly and time-consuming litigation. Tennessee has special rules for divorce mediation. Expert mediation attorneys in Nashville explain what you need to know about this process.
What Is Mediation?
Mediation is used as an alternative to litigation and trial. It is a confidential process led by a mediator with the goal of resolving a case and transforming a contested case into an uncontested one, eliminating the need for a trial. During divorce mediation, spouses try to reach amicable decisions about outstanding legal issues involved in their case.
Is Mediation Required?
The Supreme Court of Tennessee’s Rule 31 requires most spouses going through a divorce to participate in mediation before a trial is set in their case unless an exception applies, such as one of the spouses is a victim of domestic violence or there is good cause for not attending mediation. Alternatively, the spouses can agree to participate in mediation. If a victim of domestic violence agrees to mediation, they are allowed to have an advocate other than their attorney and a mediator who is specially trained in domestic violence.
Who Is the Mediator?
Generally, the spouses can agree on a mediator. If they can’t reach an agreement, the judge can select one. The court keeps a list of mediators you can select. Each of these mediators has received training in mediating family disputes.
What Is the Mediator’s Role?
The mediator is a neutral third party who facilitates communication between the spouses and encourages them to settle their cases. They do not give legal advice or make decisions about the dispute; their role is as a facilitator. They help individuals decide what is best for their specific situation, but they can provide information about how the court might consider a legal issue if the spouses do not agree on it.
During mediation, this individual communicates information between the parties, helping move them closer to settlement. They may offer suggestions but do not impose decisions on the parties. Under Tennessee law, the mediator’s responsibilities include:
- Identifying issues
- Reducing obstacles to communication
- Helping the parties explore alternatives
- Assisting the parties in reaching voluntary agreements
If the spouses reach an agreement, the mediator draws up the agreement in writing.
What Legal Issues Can Divorce Mediation Resolve?
Divorce lawyers in Nashville recommend mediation to help parties resolve various legal issues, including:
- How to divide their marital property and debts
- Their parenting schedule
- Grandparent visitation
- Who will make decisions for the children
- Child and spousal support matters
What Happens in Mediation?
At the beginning of mediation, the parents may provide an opening statement about their position on the contested issues and what they hope to accomplish during the process.
Next, the mediator may place the parties in different rooms. The mediator may shuttle between these rooms, talking to each spouse individually and filtering information back and forth. The mediator learns about the facts of the case during this process, as well as the parties’ positions. The mediator also communicates settlement offers between the parties.
Burdine Law Firm, PLLC Can Help
If you want to learn more about how divorce mediation can help, contact an experienced Nashville family law attorney with Burdine Law Firm, PLLC. We are familiar with Tennessee’s divorce mediation guidelines and can assist you throughout this process. Contact us today for a confidential meeting.