What is Divorce Mediation & Will it Work for You?

Divorce is rarely an easy process, but there are ways to make it more manageable. In Tennessee, divorce mediation has become an increasingly popular alternative to traditional courtroom litigation.

At the Law Office of Sam Byrd, our experienced family law team has walked many couples through the mediation process, helping them reach mutually beneficial agreements. In this comprehensive guide, we’ll walk you through what mediation is and how it can help you achieve a more amicable divorce.

The Mediation Process in Tennessee Divorces

Mediation is a form of alternative dispute resolution that allows divorcing couples to work together to reach an agreement on the terms of their divorce. In Tennessee, mediation is generally mandatory for couples seeking a divorce, especially when minor children are involved. According to Tennessee family law, couples must attempt mediation before having their case heard in court. However, judges may make exceptions at their discretion, particularly in cases involving issues such as domestic violence.

At the Law Office of Sam Byrd, we encourage all of our clients to try mediation whenever possible, even when it isn’t required. Mediation offers several benefits over traditional courtroom litigation:

1. Informal setting: Mediation allows you to draft an arrangement that specifically targets your family’s needs rather than having an unfamiliar, outside party make these important decisions for you.
2. Cost-effective: Mediation is generally less expensive than going to court.
3. Faster: Mediation can often be completed more quickly than a court trial.
4. Less stressful: Mediation is typically less adversarial and stressful than courtroom proceedings.
5. Better for long-term family dynamics: Mediation encourages cooperation and compromise, which can lead to more positive long-term outcomes for your family.

It’s important to note that while judges expect couples to put in a good-faith effort during mediation, there is no requirement to reach a settlement. Depending on your situation, mediation may not be a viable option, and your attorney can help you determine the best course of action for your specific case.

Typical Issues Addressed in Divorce Mediation

Divorce mediation can cover a wide range of issues, including:

1. Division of marital property and debts: Tennessee is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between spouses
2. Spousal support/alimony: The mediator can help you determine whether alimony is appropriate and, if so, the type, amount, and duration of support
3. Development of a parenting plan for child custody and visitation: Your mediator will help you create a parenting plan that outlines each parent’s responsibilities and parenting time with the children, focusing on the best interests of the child
4. Calculation of child support: Child support in Tennessee is determined using the Income Shares model, which takes into account both parents’ incomes and the amount of time each parent spends with the children

Preparing for Your Divorce Mediation Session

To make the most of your mediation sessions, it’s essential to come prepared. This means:

1. Gathering financial documents and information, such as tax returns, pay stubs, and account statements.
2. Considering your priorities and goals for the divorce settlement.
3. Coming prepared to listen and compromise with your spouse.
4. Consulting with your attorney before and after sessions to ensure your rights are protected.

At the Law Office of Sam Byrd, we work with our clients to ensure they are well-prepared for mediation and have a clear understanding of their rights and options.

What to Expect During Mediation Sessions

Mediation sessions typically last several hours and may be spread out over multiple days or weeks, depending on the complexity of your case and the issues that need to be resolved.

During the first session, the mediator will make an opening statement explaining the process and ground rules. You and your spouse will then have the opportunity to make opening statements expressing your views and concerns.

Throughout the mediation process, the mediator will guide discussions, help generate options, and encourage both parties to work towards a mutually agreeable resolution. This may involve joint discussions with both spouses present or private caucuses where the mediator meets with each spouse separately.

Finalizing Your Divorce Settlement Agreement

Once you and your spouse have reached an agreement on all issues, the mediator will draft a Mediated Settlement Agreement (MSA). You and your spouse, along with your respective attorneys, will review the MSA to ensure it accurately reflects your agreement. After both parties sign the MSA, it will be submitted to the court for approval and incorporation into your Final Divorce Decree.

Mediation is Not the Right Option for Every Divorce

While mediation can be an effective tool for many divorcing couples, it may not be appropriate in every situation. Mediation may not be recommended if:

• There is a history of domestic violence or abuse in the relationship.
• There is a significant power imbalance between spouses.
• One party refuses to participate in good faith.
• The case involves complicated financial or legal issues that require litigation.

Our experienced family law team at the Law Office of Sam Byrd can help you determine whether mediation is right for your specific situation and guide you through the process every step of the way.

Take the First Step Towards a More Amicable Divorce

Divorce mediation in Tennessee offers a less adversarial and more cost-effective alternative to traditional courtroom litigation. By working with a knowledgeable family law attorney, you can navigate the mediation process with confidence and work toward a divorce settlement that meets your needs and goals.

If you’re considering divorce mediation in Tennessee, the Law Office of Sam Byrd is here to help. Our compassionate and skilled family law team has extensive experience guiding clients through the mediation process and achieving positive outcomes. Contact us today to schedule a consultation and learn more about how we can assist you during this challenging time.