Two Practical Reasons Mediation is Required in Family Law Cases

In the Chancery Court and Circuit Court of Rutherford County, there is a requirement that certain types of cases, such as divorces, parenting plans, parenting plan changes, go to Mediation before a Trial.

The main reason that Mediation is required before a divorce case goes to trial is because that’s the law. T.C.A. 36-4-131 very clearly requires all family law cases go to mediation (however, there are certain exceptions to this that you should discuss with your lawyer).

That said, there are also two practical reasons that Mediation is required in Family Law Cases: first, Mediation saves the court calendar for cases that cannot settle; and second, Mediation saves the parties from further emotional and financial expense of trial.

Rutherford County Divorce cases are numerous. Each Divorce Judge handles hundreds of cases. Mediation is necessary for every case because it saves the court calendar for the cases that truly have no chance of agreement. If we had a nickel for every time a client swore to us “this case will never settle so mediation is stupid,” only to have that exact case settle at mediation, we may be rich. Every case is required to give it a shot because every case might settle, and that settlement can save the court some time.

Rutherford County Divorce cases are also expensive. Most attorneys bill these cases by the hour and, by the time you have reached Mediation, there is a significant chance that you would need to pay more money to go to a Divorce Trial and suffer more emotional stress through that Divorce Trial process. Settlement at Mediation has the chance to save all parties further financial damage, and, even more importantly, to spare all the parties from further emotional damage of a court case.

Those are two of the more practical reasons that Mediation is required in Rutherford County Family Law Cases. If you or someone you know are considering divorce, child custody, child support, or other family law issue give us a call at 615-890-1099. Scott Kimberly and Chase Doscher are thoroughly experienced in guiding divorce, parenting plan, and custody clients through the mediation process and are here to answer any questions.

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