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Why mediation might help during your divorce

| Feb 27, 2021 | family law

Tennessee couples who have decided to end their marriage might only agree on that part alone. After the decision is made, the process begins, and sometimes, it might be very hard for ex-spouses to come to any agreement as they negotiate how to separate the different aspects of their life. Mediation is an option available to divorcing couples, which might help them through this process.

How does mediation work?

Mediation, or alternative dispute resolution, involves finding a neutral third party who acts as a mediator and encourages the ex-spouses to communicate with each other throughout the divorce. Mediation can help couples complete their divorce process in a quicker, more amicable and less expensive manner than fighting it out in court. Mediators can help the two parties:

  • Identify all the different aspects of the divorce
  • Clear up misunderstandings
  • Discuss solutions to the problems that arise
  • Come to an agreement on the divorce settlement

Limitations of mediation

While mediators sit in each negotiation session between the ex-spouses and remain neutral during the process, there are limitations about what they can do. Mediators do not decide the answers for the problems between the ex-spouses, and they do not force a divorce settlement to happen.

How can you seek mediation?

Ex-spouses can seek mediators themselves during this process. However, courts can also assist divorcing couples who wish to engage a mediator for their situation. In Tennessee, Rule 31 facilitates the process for courts, the spouses themselves or their lawyers to find a trained mediator. However, divorcing spouses do not have to go through the Rule 31 process to do this.

If you and your ex-spouse are struggling to come to any agreement during your divorce negotiations, you might consider finding a neutral mediator to help you both. The mediator will listen to what each person has to say and encourage both of you to speak openly so you can resolve your issues together.