Benefits of Divorce Mediation vs. Litigation

Under Tennessee law, mediation is required in almost every contested divorce case when both parties cannot agree on one or more issues. A form of alternative dispute resolution, mediation is the process by which a neutral third-party mediator attempts to facilitate conversation between a divorcing couple. If mediation fails, then the case will proceed to litigation, a more costly process. If you have any questions regarding mediation, do not hesitate to reach out to our Murfreesboro family mediation lawyer at The Law Office of David L. Scott.

Mediation: The Legal Default in Tennessee

Tennessee doesn’t just encourage mediation; it’s the statutory default in most contested divorce cases under T.C.A. §36-4-131(a), as related to divorce or separate maintenance proceedings (such as alimony, known as spousal maintenance in Tennessee).

However, the court may waive or extend mediation if any of the following circumstances apply, as codified under T.C.A. §36-4-131(b):

• Any factor listed in T.C.A. §36-6-409(4)
• If either party can’t afford it
• If the parties have already signed a marital dissolution agreement resolving everything
• If the parties have already participated in a settlement conference before the court
• The courts find that mediation is substantially likely to fail

Under T.C.A. §36-4-131(c), if the grounds for divorce are irreconcilable differences and the parties have already filed a properly executed marital dissolution agreement (and parenting plan, if there are minor children), the court shall waive mediation. When mediation is ordered, there’s a strict deadline: it must be concluded and a report given to the court no later than 180 days from the date the divorce complaint was filed. In certain situations, the court may allow mediation to take place by video conference.

Advantages of Mediation

Mediation offers several advantages over litigation, including:

• Confidentiality: Mediators generally cannot disclose what spouses or others say during the process, with narrow exceptions. In contrast, litigation is part of the public record, meaning that any court filings, testimony, and rulings are accessible.
• Lower costs: Generally speaking, mediation costs between $1,000 to $5,000 in total, which is affordable in comparison to litigation costs. However, the exact cost of your case will depend on the complexity and your and your ex’s ability to reach an agreement.
• Faster resolution: Mediation is not dependent on the court docket, giving more flexibility in scheduling.
• More control over outcomes: The divorcing couple in mediation will craft an agreement, rather than a judge imposing an order.
• Promotes better co-parenting relationships, since the process is collaborative rather than adversarial.
• Non-binding: Although mediation itself is non-binding (both parties have the option to walk away if they cannot reach an agreement), a signed mediation agreement is binding.
• Legal guidance: While a mediator is an impartial party, you can still obtain separate legal advice on matters.

When Does Litigation Become Necessary or Preferable?

In Tennessee, litigation may become necessary or preferable when:

• One spouse won’t negotiate in good faith, or there’s a significant power imbalance
• Domestic violence or safety concerns are present
• One party is hiding assets, and formal discovery (such as subpoenas or depositions) is needed
• The parties cannot reach an agreement, and a binding judicial decision is required

Contact Our Murfreesboro Family Mediation Lawyer Today

Required by law, family law mediation comes with practical trade-offs that can streamline proceedings for divorce or other related matters. At The Law Office of David L. Scott, our number one concern remains protecting your legal and financial rights during divorce. Our Murfreesboro family mediation attorney has spent more than 25 years helping people through difficult matters and would like to assist you. To arrange your free consultation, our Murfreesboro office can be reached online or by calling (615) 896-7656 at your earliest opportunity.