What Is Divorce Mediation?
Divorce mediation is for couples who seek an efficient, yet fair, divorce process. Mediation is a collaborative process that allows individuals to agree on multiple different aspects of the divorce. The mediator is a neutral, third-party professional who keeps spouses focused on the goal and prevent a further delay of divorce.
During divorce mediation, the mediator guides couples in addressing all the issues associated with divorce, including asset division, custody arrangements and spousal and child support.
Couples often choose divorce mediation because mediation is faster, less expensive and less contentious than a traditional divorce process. The goal of the mediator is to reduce the stress and trauma of the divorce process itself may ease co-parenting after divorce, as well.
If you are looking for guidance with divorce, parenting plans, minimizing harm to the children involved, Sarah A DeFalco-Gibbs, LPC-MHSP, NCC, RPTS has a wide variety of experiences that will help with this goal.
Please contact me to schedule your mediation
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Mediation Before You File for Divorce
If you and your spouse can reach a divorce settlement agreement (known in Tennessee as a “marital dissolution agreement”) before you actually file your divorce papers, you’ll be able to get an uncontested divorce. That way, the entire divorce process will be simpler and quicker.
The settlement agreement will cover all of the important issues, including:
- how you’ll divide your marital property and debts
- whether one spouse will pay alimony and, if so, how much and for how long, and
- if you have minor children, your custody arrangements, a parenting (visitation) schedule, and child support.
Mediation After a Final Divorce
Even after your divorce is final, you could run into disagreements with your ex about the provisions in the divorce judgment—especially if you’re still co-parenting or one of you is paying support to the other. For instance, you or your spouse might want to move with the children, adjust the parenting schedule, or change the amount of child support or alimony. If you can’t agree with each other on a modification, mediation can help you avoid an expensive legal battle over the issue.
Here again, Tennessee law steps in to force you to try mediation before heading to court—at least when it comes to issues related to your children. In any divorces involving minor children, parents must submit a “parenting plan” to the court. These plans address topics such as providing for children’s changing needs as they grow and mature. So parenting plans stretch beyond the divorce. Under Tennessee’s divorce laws, all these plans must include a procedure for mediating any disputes over the plan before the parents get the courts involved. (Tenn. Code § 36-6-404(a)(4) (2022).)