The Divorce Mediation Process in Tennessee

Divorce mediation is a form of Alternative Dispute Resolution (ADR), a process through which a neutral third party mediator sits down with the couple who is going through a divorce and with the couple’s attorneys, and helps them settle their disputes outside of court. Tennessee Supreme Court Rule 31 governs this process.

The goal of mediation is to assist the couple in resolving their dispute so that they can come to a mutually agreeable settlement. The mediator works with both parties to help them come to a workable solution that everyone can agree upon. Tennessee requires that couples with children attend mediation to come up with a parenting plan that includes how the children will spend time with each parent and how decisions will be made, like education, non-emergency medical care, religious choices, extra-curricular activities and healthcare insurance.

What mediation is like for the couple

The mediation meeting is private, so the mediator cannot be called as a witness if the divorcing couple ends up going to trial because they are not able to come to an agreement. Any discussions that take place during mediation cannot be disclosed at trial.

During the actual mediation the husband and wife either sit with the mediator and their attorneys in the same room, or the husband and wife are placed in separate rooms with their attorneys, and the mediator moves between the rooms periodically. The facts of the case and the level of conflict between the couple will determine which approach is taken.

When the negotiations have yielded an agreement, the two will enter into a binding written agreement. The attorneys for each spouse draft all of the documents for the divorce settlement agreement, the parenting plan and child support documents.

What are the benefits of mediation?

Mediation is far less expensive than litigation under most circumstances. You may still need expert consultants such as accountants, real estate appraisers and other specialists to help with the division of assets.

Mediation can help to preserve the relationship between the divorcing couple, which can be helpful later on when they must find a way to work together in co-parenting their children.

If the couple is going through the mediation process and they find that they are unable to agree on a few remaining issues, time is not lost. The settlement agreement can include all of the issues that they have agreed upon so far and they can look to the judge to resolve the remaining outstanding issues.

You don’t have to be friendly with your soon-to-be-former spouse in order for mediation to be successful. You both have to make a commitment to the process and be willing to consider reasonable compromises for a mutually beneficial outcome for everyone concerned.

If you would like to take a non-adversarial approach to your divorce and your spouse is in agreement with that option, you can schedule a consultation with a Knoxville divorce attorney at LaFevor & Slaughter to see if mediation makes sense given the facts of your case.