Marriages often don’t end amicably. Even when they do, disagreements commonly arise over child custody, parenting time, and the division of assets. Because of this, many people assume their divorce will end up in a trial.
However, in Tennessee, there is another path, and in many cases, courts require it before a trial can proceed: mediation.
Is mediation required in Tennessee divorce cases?
In most Tennessee divorce cases, judges require couples to attend mediation before going to trial.
There are limited exceptions. A judge may waive mediation in cases involving:
- Allegations of abuse
- Willful abandonment of a child by one parent
- Situations where mediation would likely result in a stalemate
- Cases where mediation would create a significant financial burden
These exceptions are applied on a case-by-case basis, depending on the evidence presented.
What is the purpose of divorce mediation?
Mediation is designed to help divorcing spouses resolve disputes outside of court with the assistance of a neutral third party.
In most cases, mediation helps bring closure to contested divorce matters. Research also shows that agreements reached through mediation often have higher compliance rates because both parties helped shape the outcome.
What are the benefits of mediation in divorce?
Some of the most important benefits include time, cost, and control:
1. Faster resolution
Mediation typically resolves divorce disputes much more quickly than a trial.
2. Lower cost
Couples who settle at mediation often avoid expensive expert witnesses, depositions, and extended trial preparation. Trials also tend to result in significantly higher attorney’s fees and require time away from work.
3. More control over the outcome
Mediation allows both parties to negotiate and compromise on the issues that matter most. At trial, a judge makes the final decision—regardless of whether either party agrees with the outcome.
An experienced mediator can also help clarify the strengths and weaknesses of each side’s position and offer insight into possible trial outcomes.
Do you still need a lawyer during mediation?
Yes. You can, and should, have legal representation during mediation.
Even though mediation is more collaborative than a trial, it still involves legal rights, financial decisions, and long-term consequences. Having an experienced family law attorney ensures your interests are protected during negotiations.
Work with an experienced Tennessee divorce attorney
If you are considering divorce, mediation may provide a more efficient and cost-effective way to resolve your case while maintaining more control over the outcome.
The team at Douglass & Runger has successfully helped many clients resolve divorce matters through mediation and can help you understand your options moving forward.
