In Tennessee, if you are involved in a divorce case, it is very likely you will end up in mediation at some point in time during your divorce.
How Mediation Can Help You
Tennessee Code Annotated 36-5-131 requires parties in divorce cases to participate in mediation unless the Court waives the requirement - which rarely happens - or the parties have signed a marital dissolution agreement that resolves all of the issues in the divorce case pending before the Court. Also, the local rules of court in most counties in Tennessee require parties in a divorce case to participate in mediation before they can set their case for trial.
Parties in a divorce case can save a considerable amount of money by settling a case at mediation rather than participating in a divorce trial.
There are several advantages to participating in mediation:
- Mediation saves time. A divorce case can be scheduled for mediation much more quickly than it can be set for trial.
- Mediation saves money. Divorce trials are expensive and time-consuming. An experienced attorney can prepare a client’s case for mediation in much less billable time than it takes to prepare the same case for trial. Quite literally, time is money.
- Mediation allows parties to control the outcome of their divorce case. In mediation, the parties in a divorce case, and their attorneys, negotiate a global settlement that best fits the needs of their family. In a divorce trial, the Court decides all of the contested issues for the parties. The impact of a Court’s decisions in a divorce case can impact the parties and their children for years.
- Mediation is collaborative and non-confrontational. In a divorce case, mediation provides the parties with the opportunity to work together to reach a consensus on issues like the equitable division of the marital estate, alimony, residential parenting time, and child support. Divorce trials are, by definition, confrontational and combative.
- Mediation promotes co-parenting and healing within a family. Divorce trials promote distrust and lingering resentment.
The attorneys at Puryear, Newman & Morton have years of experience preparing clients for mediation and helping clients settle cases at mediation.
Contact our experienced team today at to schedule your free consultation.