mediation

Tennessee law now requires mediation in a divorce case prior to setting a case for trial. The Parenting Plan requires that parents go to mediation (or some other process for dispute resolution) prior to returning to Court to resolve post-divorce issues about the children other that child support. However, the parties can agree to take child support issues to mediation and many parents prefer this approach.

All the pertinent information is discussed and calculations are made according to existing child support guidelines to revise the chld support when appropriate. The modification of the Parenting Plan can then be submitted to the Court as a agreed order, eliminating unnecessary attorneys’ fees for Court appearances and discovery. Mediation is more likely to be successful the earlier it is utilized. 

The parties may choose to mediate at any time, and not wait until ordered to do so by the Court. Many couples choose mediation prior to retaining attorneys and paying increasingly higher retainer fees. The Court will not order mediation when there is a serious safety issue such as spousal or child abuse. These cases may be mediated with both parties’ consent, but only by a mediator with specific training in domestic violence, (sometimes a team of mediators), in a safe setting.