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Tennessee General Law Blog

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Why mediating a divorce might be your best option

The thought of having to go through the divorce process may be mentally and emotionally overwhelming. However, not every divorce proceeding has to feel like a battle.

Divorce mediation offers an alternative process to traditional divorce litigation in Tennessee. By mediating a divorce, you can handle matters such as property division and alimony without further court intrusion.

What is mediation?

Mediation is a negotiation that a third party facilitates in a neutral manner. Mediation is different from arbitration, another alternative dispute resolution process that is similar to a trial, as the third party does not make any decisions during this process. Mediation, which is a hands-on and structured process, is ideal if you and your soon-to-be-ex are on relatively good terms but cannot resolve a particular divorce dispute.

What does the third-party individual handle?

The third party, known as the mediator, will facilitate your and your future ex’s dispute resolutions by overseeing the negotiating process and the exchange of information. The mediator’s aim is to help you to be realistic about your expectations and find common ground with your soon-to-be ex-partner. The mediator can also provide outside-of-the-box solutions and work with you to draft a final divorce settlement.

What will be discussed regarding property division?

During the mediation process, you and your spouse may tackle the division of your marital property, which typically includes many of the following:

Perhaps your spouse will agree to keep the family home, while you keep other assets carrying the same monetary value. You and your spouse will work on arriving at an agreement on how the marital property is to be divided that satisfies both parties and is ultimately fair.

What if mediation doesn’t work?

If you and your spouse cannot see eye to eye on how to divide your property or handle other divorce matters, mediating a divorce may not be your best option. In this case, you have no choice but to take your issues to trial. There, a judge will end up determining how to split your assets in an equitable manner. Either way, you have the right to acquire experienced legal counsel and purse the most personally favorable outcome considering the circumstances surrounding your split-up.

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