Divorce can be one of the most difficult life events, and the drawn-out process of litigating your case in court can pile stress on stress. However, depending on your circumstances, out-of-court mediation might offer a simpler and more satisfactory path forward. For those wondering, “What are the benefits of divorce mediation in Tennessee?” Phillips | Ralston can help.
You might be considering whether to hire a mediation lawyer before filing for divorce. Or, if you’ve already filed, a court could’ve ordered you to seek divorce mediation per Tennessee laws. Regardless of where you are in the process, a mediation attorney can help you and your spouse negotiate the difficult questions of divorce with dignity.
Is Divorce Mediation Better Than Litigation?
Divorce mediation attempts to negotiate an agreement between disputing parties, with the mediator acting as a neutral, third-party facilitator. Mediated divorce settlements can be more mutually agreeable and better at accommodating the particularities of individual circumstances than litigated settlements, as they arise ideally from collaboration. Mediation can empower divorcing couples by giving them more control over the terms of their divorce.
Mediation offers several concrete upsides over litigation. It’s often less expensive to reach a settlement through mediation than litigation. Because mediation typically requires fewer filings and places fewer procedural demands on families, it creates a lighter financial and logistical burden than traditional litigation. Mediation also tends to move faster, as court-scheduled hearings in litigated cases are often spaced months apart.
Mediation can have better outcomes for custody disputes than litigation; research shows that divorcing couples achieve joint child custody more often through mediation than litigation. Furthermore, the faster speed of mediation may make it less emotionally taxing for families than a long battle in court.
Finally, mediation is private in a way that litigation simply can’t be. Per Tennessee law, Rule 31 mediators can’t disclose anything you say about your case outside of special circumstances. Court proceedings, on the other hand, are legally public affairs.
What Issues Can Divorce Mediation Address?
All legal aspects of divorce can generally be settled in mediation. These include:
- Legal child custody. This determines who gets to make key decisions about how children are raised.
- Physical child custody. This establishes where the children will live and how they will schedule their time.
- Child support. This identifies who is responsible for paying childcare expenses.
- Alimony/spousal support. This determines whether one spouse must pay support to another to maintain a reasonable standard of living.
- Property division. This outlines how to split personal belongings, finances, debts, and similar assets.
Divorce settlements are complex and require careful legal attention. A good mediation attorney can help you work through these complexities. If you’re unable to settle issues in mediation, you may always choose to proceed to a court trial.
Understanding Mediation and Divorce in Tennessee
Tennessee has the 12th-highest divorce rate in the US, with 2.9 divorces per 1,000 residents, according to the National Center for Health Statistics’ 2023 data. Although Census Bureau data shows that the national average divorce rate fell from 9.8 divorces per 1,000 women age 15 and up in 2012 to 7.1 divorces in 2022, Tennessee has lagged behind, with no statistically significant difference between its 2022 and 2012 numbers.
In Tennessee, Supreme Court Rule 31 sets standards and procedures for divorce mediation. For most contested divorce cases, in which parties don’t agree on every aspect of the case, disputants need to see a qualified Rule 31 mediator as a prerequisite for a court trial.
Choose the Right Tennessee Mediation Attorney for You
For a good mediation outlook, you’ll need to find an experienced and unbiased mediator who can communicate clearly with both parties. Look for someone who has a history of success with cases like yours and in whom you feel comfortable confiding.
The team at Phillips | Ralston understands that skilled mediation can mean everything to a family going through divorce. Lindsey Ralston is deeply passionate about family law mediation. She has brought her years of experience with Tennessee divorce and custody practice to her work as a mediator, facilitating successful resolutions to hundreds of mediation cases.
Phillips | Ralston is based in Gallatin, TN, in the heart of Sumner County, and has served the Gallatin community since 1977.
FAQs
What Can I Expect During Divorce Mediation?
During divorce mediation, you can expect a structured, private setting where a neutral mediator can help you and your spouse resolve key issues through discussion. Focusing on cooperation rather than conflict, the process allows both of you to come to agreements on parenting schedules, support, and property division at your own pace. Avoiding court hearings, meditation encourages mutually acceptable resolutions.
What Are the Disadvantages of Divorce Mediation?
Divorce mediation has a few disadvantages. It can’t succeed if both disputants don’t participate in the process. A mediator, unlike a judge, can’t compel anyone to cooperate. Mediation may also be inappropriate when domestic violence is a factor or when there are imbalances of power between parties. Finally, if you’re dealing with a spouse who lies or hides assets from you, litigation’s discovery tools may make it easier for you to get the truth and achieve an equitable settlement.
Why Is Moving Out the Biggest Mistake in a Divorce?
Unless you’re unsafe in your shared home, leaving before a divorce is finalized is generally unwise. In Tennessee, there’s typically no legal advantage to doing so, as you aren’t required to live apart to demonstrate grounds for divorce. Moving out can harm you in a future custody arrangement and increase your child and spousal support obligations, among other risks.
How Does Divorce Mediation Work in TN?
Divorce mediation in Tennessee is governed by Supreme Court Rule 31, which establishes mediator qualifications and guidelines for the mediation process. It mandates mediation prior to trial in most divorce cases, with certain exceptions, like in cases where mediation would be overly burdensome or unlikely to be productive, and cases involving domestic violence.
Hire a Mediation Lawyer
If you need an experienced Rule 31 mediator to help negotiate your divorce in Tennessee, Phillips | Ralston is here for you. Contact us today to discuss your mediation options.
