If you and your spouse have decided to divorce, you’ll have to go through some form of mediation. Tennessee law requires it in most cases. But mediation is a great way to hash out how you handle your divorce in a neutral environment. If you and your spouse are in agreement about how you wish to proceed, then mediation can save you time and money, and can allow you and your partner to exit the marriage on more amiable grounds.

How mediation usually works

In the mediation process, you and your spouse both retain the services of lawyers (representing yourself is never advised). A third-party mediator is brought in to ensure that the proceedings are both fair and civil.

You and your divorce attorney will discuss what assets you wish to retain, and what kind of parenting plan you want. Your spouse will do the same with his/her attorney. With some mediators, you, your spouse, both lawyers and sit down and discuss those respective plans. The mediator helps guide the conversation during the negotiations to ensure that both parties are heard from equally, and that the process moves along smoothly. Other mediators keep each party and their respective lawyers in separate rooms, and the mediator goes back and forth to facilitate an agreement. Once all parties agree, a formal dissolution agreement can be submitted to the court.

The real benefit to mediation, however, is that it saves you the money and time you would normally spend in a lawsuit. The mediation process takes much less time than a trial would, and it costs far less to mediate than it does to litigate. It’s also a private affair (if such things appeal to you), and allows you and your partner to discuss your concerns in a neutral, stress-free environment.

If you try mediation and it doesn’t work, however, then your next option is litigation. If going to trial is inevitable, make an appointment to see us. We’re always prepared to protect your interests and your children in court when necessary.