Frequently Asked Questions
With the increasing complexity of society, a push has been made to create and foster new methods to resolve disputes within families in more responsively.
How Does Mediation Differ From Traditional Judicial Processes In A Divorce?
- Evidence Presented
- Judge renders a decision on generally all issues—
- child’s residence
- parental responsibilities and decision-making
- division of property
- division of debt
- child and spousal support
- reimbursement of attorney fees and costs of litigation
- Appeal to Tennessee Court of Appeals necessary to overturn judge’s decisions.
Advantages And Disadvantages Of Mediation
- Greater creativity and flexibility with mediation.
- Opportunity to deal with matters in time sensitive manner.
- Creates new model for family for dealing with future conflicts which arise.
- Takes place in one or more sessions.
- With or without lawyers present, as the parents and their counsel agree.
- Is “interest” based rather than positional.
- Allows parties to have joint control over the result.
- Not without conflict, but less adversarial than trial.
- Confidential, no prejudice to the case results.
- Mediator’s job is to ensure fair and balanced process.
- Timing must be right with both parties realizing that they have something to gain by reaching a resolution.
- In the case of a power imbalance in the family, as in the case of domestic violence, mediator must have special ability to keep the playing field level. Choice of mediator can be very important.