What Role Does Mediation Play in Custody Cases in Tennessee?

Mediation allows parents to discuss their child’s needs while keeping their family’s conflicts and dynamics private. A form of alternative dispute resolution (ADR), mediation allows both parties to discuss their concerns over their child’s psychological, emotional, and developmental needs, facilitated by a neutral third party (mediator).

A divorcing couple may be able to agree to terms in a parenting plan by attempting to understand the other party’s viewpoint. Coming to an agreement can be challenging, but it is possible if both sides put aside their biases and consider what is best for their child. If a settlement cannot be reached, the case will proceed to court.

Our child custody and visitation attorneys outline the mediation process and why you should retain experienced counsel.

Mediation Process in Tennessee

A mediator is a neutral party who helps individuals come to a resolution concerning legal matters. In a custody case, a mediator typically places divorcing spouses in separate rooms. This will allow each person to speak freely regarding their concerns. Both custody and visitation arrangements are discussed. The mediator will go back and forth between both parents to agree. If you can decide, then the mediator will draft a settlement agreement.

While most mediation sessions involve the mediator and parents, separate counsel can attend. No matter the complexity of your case, it is wise for you to hire separate counsel to advise you accordingly. At Burch & Stewart Attorneys, our legal team has represented parents and guardians alike. Even if you only seek visitation rights, you must work with an experienced family law attorney.

What Should I Bring to a Mediation Session?

Before your mediation session, you should prepare the following materials:

Proposed parenting plan: A written plan that describes who the child will live with, who the child will spend vacations and holidays with, and how parents will divide decision-making responsibilities
Your family schedule and your child’s schedule
Proof of income
Childcare expenses
Current schedule regarding when you and your ex have the children

Requirements to Become a Mediator in Tennessee

The state of Tennessee recognizes two types of mediators: general civil mediation and family mediation. To qualify as a family mediator, a person must hold a bachelor’s degree, a graduate degree, or be a certified public accountant (CPA). Additionally, the individual must have at least 10 years of full-time work experience in psychiatry, psychology, counseling, social work, education, law, or accounting. Along with these credentials, a mediator must complete 40 hours of basic mediation training that meets the requirements set forth by the Alternate Dispute Resolution Commission (ADRC).

Advocacy from Our TN Child Custody and Visitation Attorneys

While a family mediator can help you and your ex agree with what is best for your family, you need someone advocating for you. To do what is best for your child, you may overlook what is right for you. At Burch & Stewart Attorneys, our Tennessee child custody and visitation lawyers have experience reviewing mediation agreements to ensure that the terms are fair to you. To learn more about our services or to arrange your free consultation, contact us online or call (931) 954-1066 today.