Is Mediation Legally Binding in TN, or Can it be Contested?

When a couple decides to divorce, Tennessee often requires mediation before the case goes to court. If you are required to attend, then you must go.

Mediation allows couples to work together to find the best solutions to their issues on their own terms. Mediators assist parents in communicating more effectively and exploring new ways to address their conflicts. They remain impartial, as in they take no sides and offer no legal advice. They also do not make decisions for the parties. Instead, the parties themselves reach agreements in a respectful, transparent, and confidential setting.

In many cases, a settlement is reached. Nobody is required to sign an agreement. Many mediation sessions do result in an agreement. A settlement agreement reached during mediation is referred to as a “mediated settlement agreement” or a “marital dissolution agreement.” If there are no attorneys, the mediator may prepare a “Memorandum of Understanding” for the parties to sign.

However, maybe you signed a settlement agreement and are now having second thoughts. You may wonder if you can withdraw your consent to an agreement reached in mediation.

Yes, you can. While arbitration is legally binding, mediation typically is not. However, if you signed an agreement, your spouse may try to enforce the agreement as a contract between the two of you. The judge may grant a divorce decree based on the terms of the signed agreement because you originally consented to it.

You may be able to get the agreement thrown out due to fraud or duress. If you can prove that the other party lied about something important, the court may deem the agreement invalid. This could include undisclosed assets, false information about the marital estate, altering the agreement after it was signed, or defrauding someone into signing something they didn’t fully understand.

If someone felt pressured or forced to sign the agreement, they could argue that it was not freely entered into. This could cause the court to toss it out. Also, if the agreement is not fair or if it violates state laws, it could be appealed.

Keep in mind, though, that some mediation agreements include a provision that they are legally binding. This means they cannot be revoked once signed. If you sign such an agreement, it is likely the court will enforce it. Therefore, you want to make sure you fully agree with everything before signing.

Parenting schedules, or Parenting Plans, reached at mediation are still subject to court approval. You may be able to withdraw from a mediated parenting schedule prior to court approval.

Contact Us Today

Mediation is often mandated in Tennessee divorces. Once you and the other party come to an agreement, you should follow it unless you have a good reason to contest it.

Even if you choose mediation, you should still have a lawyer on your side. Seek legal help from a Tennessee mediation lawyer from The Law Office of David L. Scott. I am an experienced mediator who can guide you in making key decisions about your divorce. To schedule a consultation today, fill out the online form or call (615) 896-7656.