TV dramas and films often portray divorce as a dramatic, contentious battle in court. This depiction can shape our perceptions, leading us to believe divorce is always a combative process.
However, every divorce is unique, with reasons and experiences varying greatly. How your divorce unfolds depends on several factors, including your willingness to explore alternative solutions.
Mediation offers a less adversarial approach, focusing on collaboration rather than conflict. It’s a process where both parties can have a say and reach a mutually agreeable solution without going to court.
How the process works
In Tennessee, courts often require mediation before litigation. Divorce mediation offers a structured but flexible way to reach agreements with your spouse. A neutral mediator helps guide discussions about dividing assets, creating parenting plans and resolving other divorce-related issues.
The typical mediation process includes:
- Initial consultation to explain the process
- Gathering financial documents and information
- Identifying key issues to address
- Negotiating agreements on each issue
- Reviewing and finalizing settlement terms
- Having attorneys review the agreement
When successful, mediation helps couples reach mutually acceptable solutions while maintaining control over decisions affecting their future. This approach often costs less and creates less conflict than going to court.
Informed consent: The central concept
Informed consent is crucial in mediation. It means you fully understand the process and agree to participate. Some of the key aspects of mediation include:
- Voluntary: You can leave the process at any time.
- Collaborative: All parties work together to find solutions.
- Controlled: You have the power to accept or reject proposals.
- Confidential: Discussions remain private, fostering open communication.
- Impartial: The mediator remains neutral, providing a balanced process.
These elements ensure that mediation is conducted fairly and transparently, allowing you to make informed decisions.
Protecting your interests
Through mediation, many couples find a less costly, more dignified path to ending their marriage while preserving their ability to co-parent effectively.
However, while mediation works well for many, situations involving domestic violence, substance abuse, hidden assets or an unwilling spouse often require traditional court proceedings.
A skilled divorce attorney can help evaluate whether mediation suits your circumstances by reviewing agreements, identifying legal issues, protecting your rights and guiding you through court if necessary.
