Mediation Attorney Murfreesboro, TN
Experienced Mediation Attorneys in Tennessee
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What is Mediation?
Tennessee Supreme Court Rule 31 defines “Mediation” as an informal process in which a neutral person conducts discussions among the disputing parties designed to enable them to reach a mutually acceptable agreement among themselves on all or any part of the issues in dispute.
- The mediator uses a structured process to assist and enable parties to resolve their differences. Unlike a judge, the mediator does not decide how the dispute should be resolved. Rather, the parties determine the terms of their settlement agreement.
- The mediator facilitates the mediation process by allowing each party to present his or her position on the issues. The mediator then uses guided discussion to help the parties resolve their issues and create their own agreement.
Family Law Mediation
Mediation is a process that allows the parties to resolve issues for their children and themselves rather than have a judge decide for them. When parties design their own solutions, they are more likely to be satisfied with the agreement and to follow it. Successful mediation often reduces the stress and hostility that goes along with court proceedings. Reduction in conflict between parents is beneficial to both parents and their children. Also, a mediated parenting plan eliminates the need for a trial over issues concerning children, thus avoiding a negative experience that can be emotionally damaging for children.
A successful mediation is generally less expensive than a contested trial. Successful mediation will often reduce attorney’s fees, trial preparation expenses and court costs.
All issues in a divorce, including custody and visitation schedules, child support, alimony, property and debt division, and other financial issues can be resolved in mediation. Mediators do not mediate issues involving domestic violence. If you are a victim of domestic violence, express any concerns you have about safety to your attorney, the hearing officer or your assigned mediator. Advise the mediator if you feel you will not be able to adequately express your opinions to, or negotiate with, the other party. You always have the option of withdrawing from mediation if your concerns cannot be addressed.
What role do attorneys play in mediation? Attorneys are not replaced by mediation. The mediator will not give legal or financial advice. The mediator will recommend that the parties consult their attorneys for legal advice. Attorneys help their clients understand the law and make informed decisions in mediation. Each party’s attorney will normally attend and participate in the mediation. If the parties choose not to have an attorney present at the mediation, they are encouraged to consult with their attorneys before and after the mediation session and to review the mediated agreement with their attorneys before signing. When an agreement is reached in mediation, the attorneys will incorporate the agreement into a separate Marital Dissolution Agreement that is presented to the court.
What Are The Benefits of Mediation?
- The parties make all the decisions, not a judge or jury.
- Mediation can usually be scheduled sooner than a trial date.
- Mediation is less expensive.
- Mediation is less stressful on the parties.
- Mediation is private and confidential.
- Mediation is voluntary.
- The results of mediation are final and legally binding.
- Mediation provides an atmosphere for sharing ideas and finding solutions to difficult personal issues.
- Each party is provided a full opportunity to share his or her perspectives on the issues.