Settlements and Divorce Mediation in Nashville

Once all issues in a divorce are identified and all property has been valued, a client makes a decision on whether to make a settlement or take a chance on a judge making a ruling favorable to the client.  Going to court is sometimes the only way to get a fair outcome.  Sometimes going to court risks a less favorable result.  So what do you do?

I use my familiarity with the courts in Davidson County and surrounding counties to advise you on the strengths and weaknesses of your case and its most likely outcome.  While no attorney can guarantee an outcome in court, knowing a court’s usual way of viewing issues such as alimony, dividing debts, awarding attorneys fees, and dividing parenting time between parents is beneficial in making an informed decision about accepting or rejecting a settlement.

Settlement negotiations can begin at the outset of the case.  In fact, in uncontested divorces, a marital dissolution agreement is prepared at the time of the filing of the complaint so that the parties agree on all issues from the beginning.  If the case is uncontested and involves children from the marriage, a permanent parenting plan is agreed upon and filed with the court.  Then, after the waiting period has expired, the court approves the agreements and grants the divorce.

In other cases, settlement negotiations usually begin once all property and debts have been identified and income and expenses have been determined.  If cases are not settled informally between the parties and their counsel, mediation is attempted by setting a settlement conference with a trained divorce mediator in Nashville.  Usually attorneys attend mediation with their clients to advise if needed.

How a Nashville Divorce Mediator Can Help

While it may be the last thing you want to do, working with your ex-spouse is often the quickest way to resolve family legal matters.  Nashville divorce mediation is less costly than going to court and is less stressful than drawn-out proceedings for parents and children alike.  It gives parties the opportunity to constructively create agreements that fit their specific needs and is often more permanent than court orders reached through contested litigation.

If Mediation Does Not Work

Sometimes a spouse cannot be located, is incarcerated, or has a history of domestic violence.  In those cases, the courts waive the requirement of mediation.  Sometimes even though parties go through the Nashville divorce mediation process, they cannot settle.  In other instances, both parties want the same thing and are not willing to compromise.  I fight for you in court by scheduling a timely trial on some or all of the issues.

Useful resources

• Tennessee Administrative Office of the Court, Alternative Dispute Resolution
• Mediate.com, everything mediation
• National Institute for Advanced Conflict Resolution
• Lipscomb University Institute for Conflict Management
• Coalition for Mediation Awareness in Tennessee

Call on Karen Cain

Contact Karen Cain, Attorney at Law for experienced, efficient, cost-effective representation on all family law issues.  Deciding which attorney is right for you should not cost you money.  Therefore, all initial consultations are free.  I will answer your questions, evaluate your case, and quote you estimated fees.  My Nashville office is easily accessible by public transportation and local interstates. Parking is free.

Karen Cain, Attorney at Law serves clients in the metro-Nashville Davidson County area and all middle Tennessee counties.