Marriages often don’t end amicably; even when they do, there are almost always points of contention regarding the division of child custody or assets. With many disagreements between them, people often feel certain that their divorce case will end up at trial. But there is another way, and Tennessee Courts usually require divorcing couples to try it first.
Most judges require divorcing couples in Tennessee to attend mediation before proceeding to a trial. A judge may waive mediation in cases of alleged abuse or willful abandonment of a child by one parent. They may also forgo the requirement on a case-by-case basis when there is sufficient evidence that mediation will result in a stalemate or would create a significant financial burden.
Fortunately, mediation benefits most couples and helps bring closure to contested divorce actions. The process has a high success rate for resolving disputes, and research indicates compliance with the divorce agreement is higher when couples decide the terms together.
Some of the most significant benefits of mediation involve time and money. Mediation generally leads to a much faster resolution than adjudication of a divorce at trial. Litigants who resolve their matters at mediation can sometimes save money and avoid paying expert witnesses to testify at a deposition or trial. Additionally, trials are expensive and result in significant attorney’s fees, as well as requiring the participants to take time off of work to attend.
Most importantly, mediation also gives people more control over the outcome of their case than going to trial. The process allows the participants to give and take on the matters most crucial to them, something they lose at trial. An experienced mediator will often point out the strengths or weaknesses of the parties’ positions as well as provide insight as to potential outcomes at trial. When you submit all of your issues to the trial judge, the judge’s word becomes final, whether the people it affects like it or not. While it’s sometimes a necessary part of the process, it should rarely be a first step.
Crucially, you can and should still have legal representation during the mediation process. If you’re considering a divorce, ensure an experienced family law attorney is at the bargaining table to represent your interests. The team at Douglass & Runger has successfully settled many divorces in mediation and would love to take a look at your case.
