Frequently Asked Questions

With the increasing complexity of society, a push has been made to create and foster new methods to resolve disputes within families in more responsively.

How Does Mediation Differ From Traditional Judicial Processes In A Divorce?

  • Evidence Presented
  • Judge renders a decision on generally all issues—
        • child’s residence
        • parental responsibilities and decision-making
        • division of property
        • division of debt
        • child and spousal support
        • reimbursement of attorney fees and costs of litigation
  • Appeal to Tennessee Court of Appeals necessary to overturn judge’s decisions.

Advantages And Disadvantages Of Mediation



  • Greater creativity and flexibility with mediation.
  • Opportunity to deal with matters in time sensitive manner.
  • Creates new model for family for dealing with future conflicts which arise.
  • Takes place in one or more sessions.
  • With or without lawyers present, as the parents and their counsel agree.
  • Is “interest” based rather than positional.
  • Allows parties to have joint control over the result.
  • Not without conflict, but less adversarial than trial.
  • Confidential, no prejudice to the case results.
  • Mediator’s job is to ensure fair and balanced process.


  • Timing must be right with both parties realizing that they have something to gain by reaching a resolution.
  • In the case of a power imbalance in the family, as in the case of domestic violence, mediator must have special ability to keep the playing field level.  Choice of mediator can be very important.