While some couples manage to get through the divorce process with little or no animosity, others end up in contentious court battles. If you find yourself in the middle of a contested divorce that shows no signs of being resolved amicably, you may wish to consider trying mediation or the court may order you to try mediation. To give you an idea what to expect from the mediation process, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby
discusses five benefits of mediation in a Tennessee divorce.
What Is Mediation?
Mediation is one method of Alternative Dispute Resolution (ADR) and is commonly used in family law disputes. Mediation uses a neutral third party, termed a “mediator,” who possesses specialized training in mediation strategies and procedures. While many mediators are licensed attorneys or have legal backgrounds, mediators are not judges and do not have the authority to render binding decisions in a case. Mediators also refrain from providing legal advice or giving legal opinions on the merits of a case or the strength of a party’s position or argument. Instead, mediators analyze the case, seeking potential areas of compromise or potential negotiation that might help resolve the contested issues. Participation in mediation does not require you to reach a resolution; however, if an agreement is achieved, that agreement is documented and submitted to the court for approval. With few exceptions, Tennessee law mandates mediation in a divorce proceeding if contested issues exist and the parties want to proceed to trial. In other words, you must try mediation before your divorce case can be heard by a judge or jury.
Benefits of Mediation
Mediation in your Tennessee divorce proceeding can offer several benefits for both parties involved, including:
- Reduced Conflict: Mediation provides a structured and neutral environment for couples to discuss their issues and concerns with the help of a trained mediator. Through open communication and negotiation, conflicts can often be resolved more amicably compared to adversarial courtroom proceedings. Reducing conflict can reduce the emotional toll of the divorce process.
- Cost-Effective: Divorce mediation is typically less expensive than going through traditional litigation. By avoiding prolonged court battles and attorney fees, couples can save significant amounts of money. Additionally, since mediation often results in quicker resolutions, it can save both time and resources for all parties involved.
- Control and Empowerment: In mediation, couples have more control over the decisions made regarding their divorce settlement than they would if the case went to trial. They are actively involved in negotiating and drafting agreements that meet their unique needs and priorities, rather than having decisions imposed upon them by a judge. This can lead to more satisfying outcomes and a greater sense of empowerment for both parties.
- Confidentiality: Unlike courtroom proceedings, which are a matter of public record, mediation sessions are confidential. This means that discussions and negotiations that take place during mediation remain private. Confidentiality can encourage more open and honest communication between parties, as they may feel more comfortable sharing sensitive information without fear of it being publicly disclosed.
- Establishes a Foundation for Co-Parenting: Mediation can help foster a more cooperative and respectful relationship between divorcing spouses, which is particularly important if they will need to continue co-parenting their children after the divorce. By working together to find mutually acceptable solutions, couples can lay the foundation for a healthier post-divorce relationship, which can benefit both themselves and their children in the long run.
Contact a Murfreesboro Mediation Attorney
If you are going through a divorce in Tennessee that may be headed for mediation, consult with an experienced Murfreesboro mediation attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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