Mediation

Divorce is one of the most emotionally charged areas of law, and with good reason. Ending a relationship with a person you have shared the most intimate details of your life creates an inevitable sensory explosion. There is a likelihood that communication broke down prior to the divorce, and it is may not improve during the divorce process.

But after the decision has been made to seek divorce, many important matters must be resolved. How property will be divided, how children will be raised and where they will reside, how to support 2 households instead of one and how to divide property obtained while married are all serious issues that will need the utmost attention.

The need to resolve these serious issues are compounded by feelings of betrayal, abandonment, resentment or a number of other emotions at the forefront of your mind. They are also compounded by the lack of communication with the other spouse.

In the courtroom, an impartial judge will hear your case. But to be reminded, litigation is an expensive, drawn out process, and the parties may not receive what they request. Control over their decisions is taken out of their hands and placed in the court. Litigation expenses can erode the assets of the marital estate, leaving less for each party. More often than not, both parties will be disappointed in the outcome.

Memphis divorce mediation can be utilized either before or after a divorce is filed and with or without attorneys involved. Courts in the Memphis area much prefer mediation to trial. It keeps the parties in control of their decisions, it is less costly, and is much more likely to result in a permanent solution that reduces “post-divorce litigation”.

Mediation can help with final resolution, allowing the parties to move onto a new chapter in their lives. I’ve been trained to deal with the emotions involved, and will assist the parties in bringing about mutually beneficial agreement.

When parties mediate, they will appear before me or another mediator, with or without their attorneys, if any. The parties will be given the opportunity to speak “through the mediator”, meaning they will not be required to address the other party directly, if they so choose. There is a good likelihood that I’ve seen a similar situation previously, and can advise of possible solutions that have been successful in the past.

The parties will be able to speak frankly, as mediation is a confidential process, and items discussed in mediation cannot be used in court. The confidentiality provision helps the parties to speak freely, often reopening the channels of communication. Should the parties reach an agreement, the I may help draft an agreement, to be signed by the parties. If unsuccessful, the parties are not bound by the mediator’s recommendations.

In family law matters, Memphis family law mediation specialists can help parties break down barriers and allow parties to move on with their lives. After having practiced Memphis family law, I applied to be a certified mediator. Being a certified mediator is not required to fulfill the mediation requirements of the new Tennessee legislated mediation element in contested divorces;however, there’s a required training course to obtain the certificiation. In addition, there’s also a risk if you use a non-certified mediator that a judge might want a new mediation with a certified mediator. When a judge orders a mediation then there is a requirement under the Tennessee Rules of Civil procedure that the mediator be Rule 31 certified.
If you feel mediation can help your situation, please contact me today.