Divorce mediation is an alternative dispute resolution process, which uses a trained and certified neutral third-party mediator whose mission is to guide the couple towards resolving any disputes related to their divorce. The mediator works with both parties and encourages them to come to a mutual agreement on property division, outstanding debts, spousal support and child custody. Mediation is private, confidential and can save a significant amount of time and money over a litigated divorce. Each party may be represented by divorce attorneys, and once the couple has worked out an agreement on all of the issues in question, their attorneys will develop a settlement agreement that each party signs and then gets submitted to the court for approval.

At the heart of the matter, getting a divorce is breaking a contract that the parties had agreed would be in force until death. The challenge is to end the contract in a way that is fair for both parties given the length of the marriage and each party’s contribution to the marital estate. Divorce attorneys represent the interests of their client and they work towards creating an outcome that is as advantageous as possible for their client. Mediation is a way to guide the two parties towards brokering an agreement between themselves without dragging the matter through the courts. However, for reasons that are obvious and some not so obvious, there are some reasons mediation may not work for some couples.

The couple is involved in domestic violence

If one party is afraid of the other one because they are being physically, sexually or emotionally abused, a fair mediation of the issues may be impossible. The law allows for a waiver in these types of cases, and, typically, the Court must approve this waiver.

Imbalance of power between the parties

If one party is able to intimidate and coerce the other into agreeing to something that would not be in their own best interests, then mediation could fail. Mediators are trained to identify when one spouse is trying to overpower the other and they can take steps to keep the negotiations above board and fair to both parties.

One party does not want the divorce

In order for mediation to work, both parties must agree to the process. If one of the parties is holding out for a reconciliation of the marriage, then mediation is unlikely to work. Both parties must agree to the divorce before the next steps can proceed, and even then, the parties involved may find the process challenging. Working with the right Nashville divorce attorney can make a big difference.

One party is hiding assets

If one party makes false statements in their financial documents, it can lead to serious legal penalties when the assets are eventually uncovered. Also, if a spouse is hiding assets or has been deceptive in any other aspects of the relationship, they may not be relied upon to negotiate fairly. In this case, the mediation may fail because all of the facts have not been presented, not because of the actions of the attorneys or the party from which the assets have been hidden.

One of the parties suffers from mental illness or is emotionally unstable

Divorce is a grueling process even for the most mentally stable person. A spouse who is mentally or emotionally unstable may be unable to participate fully in a mediation. If it is your spouse who suffers from mental illness, you should disclose this information to your attorney immediately, so that she is prepared for what may come.

The state of Tennessee requires mediation efforts for couples who wish to divorce, and there are few exceptions. If you have questions about mediation, you are welcome to call 615-391-4200 or contact the experienced Nashville divorce attorneys at Miller Upshaw Family Law, PLLC to ask your questions and discuss your case. Please reserve an in-person or video consultation time with us, and we will explain your options.