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Can my divorce be mediated rather than litigated?

by | May 17, 2019 | Divorce Mediation

If you are considering filing for a Tennessee divorce, before filing the petition to end your marriage, you may want to consider trying to mediate rather than litigate your divorce.

Mediation is preferable on many different levels. Couples like that it allows them to keep certain details of their split private in a way that divorce cannot. If the spouses hash out the terms of their divorce in mediation sessions as opposed to a courtroom, only the final terms will be reflected in the divorce judgment and not the messy path they took to arrive at those terms.

Generally speaking, mediation is a faster and cheaper option when ending a marriage. There is no need to compete for space on already crowded civil court dockets, so things can get wrapped up faster and more efficiently.

Both parties will still need to retain their own attorneys during the process. But most attorneys bill at a lesser rate for their out-of-court hours, which can save both parties money.

Mediation can also preserve a future co-parenting relationship because it doesn’t devolve into mudslinging in a courtroom setting. The latter experience often taints the co-parenting relationship to the point where the former spouses are unable to interact civilly with one another.

With mediation, it is also possible to mediate some issues and litigate other, thornier matters that can’t be as easily resolved. For instance, divorcing couples may agree on the custody terms in mediation but wind up haggling over the property settlement in court.

While a mediated divorce is not ideal for all couples, it’s a worthwhile option to consider when divorcing your spouse.