Mediation - An Alternative to Litigation

Why Mediation Is Good
During a divorce, each spouse usually hires their own attorney. Lawyers can spend substantial time negotiating with each other, and additional time communicating the outcome of those negotiations to their respective clients. This adversarial approach can escalate conflict and increases costs. If the attorneys are not successful in reaching an agreement, the issues surrounding the divorce will be decided by a judge. Litigation can delay divorce, compromise privacy and deplete marital assets that could have been more fairly divided.

With mediation, using a trained mediator, the parties negotiate directly with each other to reach an agreement on all aspects of their separation. Couples negotiate and resolve issues such as parenting arrangements, child support, and division of property. The mediator is a neutral party whose function is to facilitate negotiations by identifying issues and exploring potential solutions. The mediator advises the parties of all matters that should be addressed in a final agreement. Mediation has often provided less conflict and has reduced the costs associated with divorce.
Many mediators are also attorneys with special training in family mediation. Mark Rassas is a Tennessee Supreme Court Listed Mediator.

Can A Skilled Mediator Make A Difference?
A couple does not have to be on good terms for mediation to be successful. Marital problems are often accompanied by distrust, anger, and a breakdown of communication between the spouses. Negative feelings can often be diffused by a skilled and experienced mediator. The mediator often presents each person's feelings in a way that each party can understand. The goal is to enable the couple to form an agreement that each party finds acceptable. This process does not eliminate the need for lawyers. It simply changes the role of the attorney from adversarial negotiator to legal consultant. Throughout the mediation process, parties are encouraged to consult their own personal attorney regarding their legal rights. Parties usually choose to have the final agreement reviewed by their own attorney before signing it.

The Advantages of Direct Negotiation
Mediation expedites the resolution of issues, and often results in better long-term relations between the parties. This is especially important when children are involved in the divorce. The process often provides an improved ability to resolve ongoing issues related to children after the divorce.

By agreeing to mediate, you do not relinquish any of your legal rights. The mediation can be discontinued at any point if either of the parties feel it is unproductive. In order for mediation to be successful, the parties must approach it in good faith. It can be a way to avoid an expensive and combative divorce. Experienced mediators can also provide assistance with complicated finances by retaining appraisers and tax advisors to assist in valuing assets and working out the final agreement.

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