How Is Mediation Different From a Litigated Divorce in Tennessee?

If you would like to learn about the differences between a mediation and a litigated divorce, it is in your best interest to reach out to our firm today. Our skilled Shelby County, Tennessee divorce lawyer is on your side no matter what. Give us a call today to get started.

What is mediation in Tennessee?

Recognize that in the state of Tennessee, almost all divorces are required to go through mediation. Mediation is a method used to manage the parties, save attorney fees, and permit the parties to create decisions on issues like parenting, property division, or child support. These decisions are unique to each family and do not leave the court in charge.

In the event that a matter goes to trial, the parties communicate through their attorneys to a judge. The judge then analyzes the facts revealed as evidence, in light of applicable law, and then creates decisions that will impact the parties’ lives, their children, and their property. In mediation, the parties communicate with the mediator and their attorneys in an attempt to promote resolution. The overall stress is reduced when the parties are entitled to reach a decision on the issues themselves instead of abdicating this role to the court.

What is divorce litigation?

If custody issues go to trial, each side is battling over parenting time by accusing the other parent of bad acts and poor parenting. At the end of a divorce, either by trial or settlement, the court is directed to tell the parties to move forward and co-parent. Successful post-divorce parenting is more likely to happen when mediation is flourishing. In a thriving mediation, the parties exert the skills of co-parenting by making collective decisions about their children instead of fighting over their children.

Keep in mind that going to trial can be very costly. This is because there are weeks, and even months of preparation followed by days and even weeks in the courtroom. During these weeks of preparation and trial time, the attorneys and staff for both parties will be focused on this one divorce case. All of the fees are coming out of the same bank, the marital estate. It is in the parties’ best interest to split a larger marital estate instead of dividing an exhausted one after trial expenses. If you would like to discuss mediation or other dispute resolutions further, do not hesitate to reach out to our skilled attorneys today. We are just one call away.


If you require strong legal representation for matters of divorce and family law in Memphis or anywhere in Tennessee, contact Rice Law to schedule a consultation with one of our experienced attorneys today.