Separating your life from your spouse’s is a long, rigorous, and often emotionally and psychologically taxing legal process. When contentious topics such as the division of highly valuable assets (real estate, retirement accounts, business interests, etc.), alimony, or child support arrangements come up, tempers can flare up, and finding a fair and equitable solution through the court system can seem impossible.
That’s why Tennessee divorce courts often require divorce mediation before or during court procedures. Mediation is an out-of-court process that allows divorcing couples to hash out tough topics outside of the battleground of the court, with the help of a third-party mediator. In previous blogs, we’ve discussed what to bring to your mediation sessions and what authority a mediator has in divorce court. Here, we’re going to take a few steps back and look through a wider lens at where Tennessee law fits mediation into the divorce process and what to expect at divorce mediation.
What is mediation used for in divorce?
In the state of Tennessee, divorcing couples are often required to go through mediation before their case can proceed to trial. Mediation is mandatory in child custody and parenting plan cases: If the divorcing couple hasn’t already come to an agreement about child custody, visitation, and parenting plans, the court uses mediation to help them come to a mutual decision in their children’s best interest.
The court may also order couples to go through the divorce mediation process for disputes over property division, spousal support, or other financial and property disputes. This is not often mandatory, though divorcing couples who are struggling to come to a compromise may voluntarily choose mediation as well to work out these issues.
There are a few exceptions in Tennessee law where mediation will not be required for divorce litigation to proceed. These situations include:
- If there is a history of domestic violence or abuse that makes mediation not appropriate or safe for one or more parties
- If both parties have already reached an agreement on all issues
- If good cause is shown for the court to waive mediation requirements for other reasons.
Examining the Place of Mediation in the Divorce Process
Mediation in the divorce timeline generally takes place after filing and is a prerequisite to scheduling a trial. The case will move forward to a court trial where a judge will make the final decisions if mediation does not result in a resolution.
If the divorce mediation process does lead to a satisfactory resolution for both parties, however, the court trial is as simple as the judge making certain that the agreements the couple has reached are indeed fair, equitable, and in the best interests of the child or children (if applicable) as required by Tennessee family law.
Mediation and the Divorce Timeline
- Step 1: One spouse files for divorce and serves the petition to the other spouse.
- Step 2: Before setting a trial date, the court asks both parties to select a mediator and schedule mediation.
- Step 3: Mediation sessions occur. Depending on the complexity of the case, mediation can take one session to complete or several weeks or months’ worth of regular sessions.
- Step 4: If the parties reach an agreement, the mediator drafts a finalized settlement agreement and submits it to the court.
- Step 5: If an agreement is reached in mediation, the court will review and approve the settlement and issue a final divorce decree.
- Step 6: If mediation fails to address all or any issues, the divorce case goes to trial.
What to Expect at Divorce Mediation
The prospect of spending time in divorce mediation can seem daunting if you and your soon-to-be ex-spouse are struggling with contentious topics, emotions are running high, and tempers are running hot. However, this is precisely the situation in which mediation is designed to make things easier for both of you. The divorce mediation process is heavily structured to promote conflict resolution and help you resolve your disputes amicably.
Divorce mediation might not save your marriage, though some couples have come out of it no longer willing to divorce. What you can expect from your divorce mediation sessions, though, is a collaborative process centered on open, respectful communication that will likely and hopefully lead to a mutually satisfactory agreement. Mediation gives you and your spouse more control over the outcome of your divorce, rather than leaving all decisions in the hands of a judge. Divorce mediation is also confidential compared to court proceedings.
Let’s look at what the typical mediation process looks like, from start to finish:
Step 1: Initial Meeting and Ground Rules
Mediation in the divorce process begins with your mediator explaining how mediation works, the role they play, and establishing ground rules. These ground rules ensure that both parties communicate respectfully, listen to each other, and have equal opportunity to express their concerns and needs.
In the initial meeting, the mediator will ask you both to outline the issues you need to resolve in mediation, such as property division, spousal support, child custody, parenting plans, and other divorce-related matters.
Step 2: Facilitated Discussions
In the initial and any subsequent mediation sessions (as needed), your mediator encourages both of you to share your perspectives and goals and helps you identify your interests in the divorce process, such as ensuring financial security or creating a workable custody schedule. The mediator will help you brainstorm possible solutions.
Step 3: Negotiation and Compromise
As you continue with your facilitated discussions, the mediator encourages both you and your spouse to see areas where you can compromise and come to an agreement. If emotions run high or there are especially sensitive issues, the mediator may choose to meet with both parties separately in private sessions to help each party clarify their positions without the pressure of facing the other person.
Step 4: Legal Considerations and Review
While you and your spouse’s attorneys may not always be present during mediation sessions, you can still consult with them to ensure your rights are protected and ensure that your compromises are legally workable. You may choose to have your attorneys review the final settlement before signing.
Step 5: Drafting the Agreement
If both you and your spouse reach an agreement, the mediator helps you draft a written settlement agreement, which outlines the terms of the divorce. Once you both approve of and sign the agreement, it goes to the court for approval. If the judge finds the agreement fair and in compliance with Tennessee law (especially regarding child support and custody), it will be incorporated into the final divorce decree.
What if mediation doesn’t resolve every issue?
It’s possible for mediation to achieve fair and equitable mutual agreements on every pertinent issue in the divorce. However, if the mediation process comes to a close without resolving all issues, any unresolved matters will proceed to trial. In trial, the judge will make the final decisions for anything that was not agreed upon in mediation.
Get Divorce Mediation Support from MHPS Law
It is common for couples broaching the topic of divorce to ask questions such as, “How does divorce mediation work?” or “Where does mediation occur in the divorce process?” Now that you know how the process works what to expect at divorce mediation, we hope you find the prospect of mediation less daunting overall.
If you and your spouse are looking for a divorce mediator you can trust to treat your marital issues with compassion and sympathy, our divorce mediation attorneys are here to help. With expertise in family law, we act as a neutral third party to smooth out your path to divorce and ensure both of your rights are protected and your interests represented. Get in touch today to get started.
