Before going to trial over a given issue, you may be asked to attend mediation. The point of mediation is to find a solution for a given dispute without exhausting the resources of each party or the Court. Rather than have a judge rule on a resolution, a mediator steps in to help guide the members of both parties through any misunderstandings or disagreements they may have and come to a solution that both parties can agree on. The mediator is unaffiliated with the Court and remains impartial throughout the entire process.
It's important to have an attorney present during the mediation process to advocate for your best interests. Contact the Law Offices of Amanda J. Gentry for legal representation in Nashville: (615) 604-6263.
The Mediation Process
At the beginning of mediation, the mediator will place the parties in separate rooms with their respective attorneys. The Petitioner (the party who filed the initial complaint) will be heard first, discussing what they hope to get out of the divorce. The mediator will then move on to the Respondent to discuss their wants, relay the expectations of the Petitioner, and begin negotiations. The mediator will go back and forth between the parties, repeating this process until either an agreement is reached or it becomes clear that the parties cannot agree. If mediation succeeds and an agreement is reached, both parties will enter a written, binding agreement.
Depending on the case, (divorce, post-divorce, original custody, post-custody modification) documentation or proof of your situation is subject to change. If you want the mediator to know something about your case, documentation is not required, but can be very helpful in aiding the mediation process and even persuasive to your own side.
What To Expect From Mediation
The duration of mediation can vary greatly depending on the complexity of your issue. There are circumstances where more than one session of mediation may be required. In any case, mediation can be a much more efficient means of resolving an issue than waiting for a series of court proceedings to take place.
Not only can mediation save you time, but it is also significantly less costly than taking a case to trial. Further, the collaborative nature of mediation invites two conflicting parties to critically think through what’s best for their situation. Coming to a solution in a private and secure environment can protect individuals from the stressors of court pleadings, which may ultimately benefit future dealings they have with each other.
Amanda J. Gentry can act as your Nashville mediation lawyer, accompanying you through the mediation to ensure your rights and best interests are protected throughout the process. Submit an online contact form to learn more, or call the firm at (615) 604-6263.
