What is My Attorney’s Role in the Divorce Mediation Process?

If you have come to the point where you are sure that it is time to end your marriage, you are likely exploring the various divorce options available to you. In Tennessee, judges will usually require folks to attend at least one mediation session. (They make exceptions in cases involving domestic violence, as a general rule.) It does not always work for everyone, but if it is right for your situation has many benefits for those who would like to end their marriage privately, cost-effectively and with as little conflict as possible. In divorce mediation, the couple will meet face to face and a mediator will help them come to an agreement. The role of your attorney in a mediated divorce will be a bit different from the role he or she would play if you were going to pursue a litigated divorce.

Mediation can help make the process less stressful

Aside from dealing with the death of a loved one, going through a divorce is one of the most stressful things a person will experience in their lives. However, with mediation it is possible to dial down the volume on acrimony and conflict in divorce. As a form of alternative dispute resolution, mediation can be process that will both help the couple end their marriage, and discover how to communicate effectively with one another. Remember: if you have a child with your spouse, the end of your marriage does not mean the end of your relationship. You will be in each other’s lives for the rest of your lives celebrating birthdays, attending school events, graduations, weddings, holiday gatherings and funerals. While you may have no intention of become best friends with your soon-to-be-former spouse, it would be immensely helpful to be able to have at least a cordial relationship and at best a collegial relationship with them going forward. Mediation can give each of you the tools to work together and create solutions that allow each party to come away feeling heard and understood and with a settlement that feels fair.

How your attorney can help during the mediation process

You will still need the services of your divorce lawyer as you move through the mediation process. You would typically meet with your attorney prior to the first mediation meeting so that you can get a clear understanding of the legal issues, set your goals and intentions for the settlement and find out what your options are given your circumstances. Your attorney may walk you through the mediation process and let you know that if you and your spouse are unable to come to an agreement, you will have to start over with a litigated divorce. They can review your financial disclosures and answer any question you might have about the process.

The mediation process happens over the course of many stages, and at any point in the process, your attorney can advise you and coach you through the negotiations. Once you have come to an agreement, your lawyer will draw up the divorce agreement, which is then reviewed by the court.

Mediation is not for everyone

Mediation will not work for everyone. If you and your spouse are unable to be in the same room without ending up in a shouting match, if you are afraid of your spouse because of a history of domestic violence, or if either of you have substance abuse problems, then mediation might not help you resolve your conflicts. When you both have the ability to communicate like adults in a cordial manner, when you are concerned about how a litigated divorce might affect your children, and when it is vital that you be able to preserve your privacy, mediation might make things easier for everyone.

At the Law Offices of LaFevor & Slaughter, we help couples utilize the mediation process to end their marriage. You are welcome to contact us to schedule a consultation to discuss your case today with an experienced Knoxville divorce attorney.