There are two stages the divorce process can play out on—divorce court and divorce mediation. In Tennessee, a couple’s divorce will typically involve both mediation and litigation, especially if the divorce is contested (while an uncontested divorce may bypass most court proceedings). For example, divorce proceedings may start in court and incorporate mandatory mediation, or mediation may be required before going to divorce court.
When litigation and mediation meet, though, an important question comes up—what happens when a mediator’s decisions and the judge’s decisions diverge? Who can override who, and how? If you don’t like the decisions the judge makes about your divorce, what can a mediator do about it?
We’ll answer these questions today as we explore the differences between divorce mediation and litigation: How much can a mediator influence a judge’s decisions, where can a judge overrule a mediator, and is there any situation where a mediator can override a judge’s decision?
What is the difference between divorce litigation and divorce mediation?
To start, let’s get a general overview of divorce mediation and how it differs from litigation. In the state of Tennessee, divorce mediation is a legally recognized process in which you and your soon-to-be ex-spouse sit down with a neutral third party for a formal, facilitated negotiation process.
In divorce court, each spouse has their own attorney who advocates for their own interests, which can make the process especially contentious. Ultimately, the judge has final say on the outcome of the case, including making binding decisions on issues such as property division, child custody, alimony, or child support.
Compared to taking your divorce to court, mediation provides a private, less adversarial setting where both parties can communicate more openly and find solutions that benefit everybody. This process is guided by a mediator, who is usually an experienced divorce attorney or trained conflict resolution professional. With the mediator’s support, the couple has greater control over the final decisions. Going through mediation first can significantly simplify the court procedures to follow by developing solutions to the most contentious issues first.
In Tennessee, court-ordered mediation is typically required in divorce litigation, either staying court proceedings until mediation is complete or occurring simultaneously. As a result, there is plenty of opportunity to encounter situations in which a mediator and a judge’s decisions might come into conflict. Let’s explore what happens when these conflicts happen.
Can a judge overrule a divorce mediator?
Ultimately, in divorce court, the judge has the final say—and that includes approving the results of divorce mediation. When you and your spouse reach an agreement in mediation, the judge still has to review the decisions you’ve made and the compromises you’ve made and ensure that they comply with Tennessee law and, if there are any children involved, that the decisions made are in their best interest.
If the judge finds that any part of the mediated agreement is unfair, illegal, or not in the child’s best interests, they can reject the decisions you and your spouse have made with your mediator’s guidance, in part or in whole, and make a different ruling. If the results of your mediation do not cover every necessary issue, resolving the unresolved issues is also the judge’s responsibility.
So, yes, a judge can overrule a divorce mediator, and if a mediator guides both parties to an agreement that does not take into account certain important issues, Tennessee law, or the best interest of your child or children, the judge will overrule the mediator’s decision.
Can a mediator override a judge’s decision?
In Tennessee court, no—since the sole role of a mediator is in assisting you and your soon-to-be ex in finding a voluntary agreement you can both be happy with, they do not have the legal authority or power to override any judicial rulings.
However, after a judge’s decision, both parties may return to mediation to negotiate aspects of the ruling they are unhappy with. While a mediator cannot override the judge’s decision, they can help clarify any misunderstandings or miscommunications that may have arisen and avoid the need for a post-judgment appeal.
Can a mediator influence a judge’s decisions?
Similarly, a divorce mediator can’t put their thumb on the scale regarding a judge’s decisions. The mediator’s sole area of influence on the judge is in helping you and your soon-to-be ex come up with an agreement and present it to the judge for their approval.
The most influence a mediator has over the judge’s actions is through their actions of simply being a good neutral third-party guide through the mediation process. In taking the responsibility to guide both parties to an agreement that thoroughly addresses the couple’s issues, complies with Tennessee law, and results in a fair and equitable outcome, though, divorce mediators do have one way of indirectly influencing a judge’s decision—by reducing the number of contested issues the judges must make their own decision on.
In short, the only real influence a divorce mediator has over the judge is the ability to save them work!
What can you do if you don’t agree with the judge’s decision in divorce court?
To sum up—once you’ve completed mediation as a part of the divorce litigation process, it’s up to the judge to decide if the agreement you and your spouse have reached is satisfactory in the eyes of Tennessee law and finalize the divorce process. The mediator’s role in court ends when the mediation process ends. There’s no further role as an advocate they can play to influence the judge’s decision.
So what do you do, then, if the judge decides that the agreement the mediator guided you to is insufficient and throws it out in part or in whole?
In divorce court, as in most courts, the only way to override a judge’s final decision is to appeal to a higher court and ask for the decision to be thrown out or amended. Mediators have no legal authority or standing in the appeals process and cannot file an appeal, draft legal documents for an appeal, or represent either party in appellate court—even if they are a licensed attorney with experience in divorce law. However, a licensed attorney who you hire as your legal representative or advisor can provide legal guidance on the likelihood of your success with the appeals process and handle the processes of filing the appeal, drafting the legal documents needed, and presenting arguments in appellate court.
MHPS Is Ready to Help You Navigate Divorce Court
Divorce is a stressful and taxing process that often involves both the court as well as third-party mediation. In either arena, the legal team at MHPS Law is here to support you with compassion and expert legal counsel to ensure you and your soon-to-be ex-spouse’s journey through this challenging time is handled with care, sensitivity, and a wealth of experience handling divorce for couples from all walks of life.
If you are considering a divorce and need help with representation or mediation, schedule a consultation with us today and discover what we can do to help.
