It’s common for people experiencing the court process for the first time through divorce to have questions about mediation. In almost every divorce in Tennessee, since The Tennessee legislature enacted T.C.A. 36-4-131(a) where each party of a divorce must attempt to settle their disputes through this process, mediation will be required by a judge prior to setting a trial date. However, there are certain waivers of required mediation as found in the Tennessee code T.C.A. 36-4-131(b) including the following:
- If either party cannot financially afford the cost and expense of hiring a mediator (but the requirement still applies if the mediator’s fee is waived or subsidized by the state)
- If the parties have filed a Marital Dissolution Agreement, Agreed Order or Final Judgment addressing all issues
- If a settlement conference has been held with the court or special master
- If the court believes impasse will result from mediation
What Is Mediation?
Divorce mediation, which is also called “alternative dispute resolution,” refers to the process by which a specially-trained, neutral third-party mediator meets with a divorcing couple to help them resolve their disputes prior to going through a court trial. Because the mediator is neutral, he or she will not advocate on behalf of either party and does not offer legal advice. The goal of mediation is to have both parties make concessions so that they can reach an agreement on their own, rather than going before a judge. Mediation is confidential meaning the mediator cannot be called as a witness at trial if a divorcing couple are unable to settle. That means any discussions that occur in the course of settlement negotiations during mediation cannot be disclosed at trial.
What To Expect During Mediation
Typically, the mediator will place the parties in separate rooms with the attorneys of the divorcing couples present. Your attorney can provide you with legal advice while in mediation, including the consequences of any agreement you reach. The mediator could choose to place the parties in the same room, but many times in family law cases, the emotions are high and it is deemed best to have the parties separated. When the parties are separated, the mediator will move between each room, working toward resolution. When negotiations are successful and an agreement is reached, the parties will enter into a binding, written agreement while at mediation. Typically, the parties will draft and sign all necessary documents while at mediation, including the Marital Dissolution Agreement, Parenting Plan and Child Support Worksheet.
If you are considering divorce, contact our attorney Donna Wagner today to schedule your consultation. Ms. Wagner is experienced in handling all kinds of divorces, and we will work with you to meet your needs in each of these areas.
Real-life results
See what happy clients are saying about me.
“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.
Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.
Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.
This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.
Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
