Brentwood Mediation Attorney
Often, when couples imagine divorce, they think of the courtroom, or having to litigate their case in the presence of a judge. Fortunately, most divorces don’t actually get resolved this way. In fact, under Tennessee law, couples are legally required to attempt mediation before they can take their case to trial. During these meetings, the parties will have the opportunity to work out a settlement agreement, resolving issues that would otherwise have to be litigated in court, with the help of a mediator. Even if you and your spouse have decided to attempt mediation, you should still strongly consider being represented by an experienced Brentwood mediation lawyer who can help protect your legal interests.
What is Divorce Mediation?
Mediation is an alternative method of dispute resolution, which can help parties come to an out-of-court agreement on their legal issues. Mediation is overseen by a neutral third party, referred to as a mediator, who has had special training and can help the parties reach an agreement on specific divorce-related issues, such as:
- Property and debt division;
- Child support; and
- Child custody.
In most cases, the parties (with the help of an experienced attorney) will come prepared with a list of their goals, wishes, or even a proposed settlement. The mediator will meet with both individuals and their legal representatives to go over these proposals. As a facilitator, the mediator is not tasked with making a decision for the parties involved, but in helping make the settlement process easier by communicating ideas, concerns, and viewpoints from one spouse to the other.
Reaching a Marital Settlement
If a couple is able to come up with a settlement agreement, in which they divide their property and come up with an alimony arrangement, then the agreement will need to be signed and presented to the court for approval. As long as the court approves the paperwork, then the agreement will become legally binding. If, on the other hand, a couple is only able to reach an agreement on some issues, then these resolutions can also be executed in a partial settlement agreement. While this still leaves some issues in the hands of a judge, it can go a long way towards reducing conflict and the cost of divorce. Finally, couples who are unable to reach an agreement during mediation on any legal matters will need to litigate those issues in court, where a judge will be tasked with sifting through the parties’ evidence to decide what would qualify as an equitable settlement agreement.
Dedicated Brentwood Mediation Lawyers
At Beal, Nations & Crutcher, many of our attorneys and team members have worked as both mediators and judges. This gives us firsthand knowledge of the ins and outs of these kinds of proceedings and the kinds of strategies that will give our clients the best chance of success. To learn more about how a dedicated Brentwood divorce mediation lawyer could help with your own case, please call 615-861-2304 and set up a meeting today.