Mediation a form of Alternative Dispute Resolution (ADR) in which a “third party neutral,” the mediator, helps parties reach a resolution of their disputes.  The term “third party neutral” means that the mediator is not a party to the dispute or an attorney for either party and is neutral–meaning that the mediator does not advocate for either party’s position and cannot provide legal advice. Mediation is privileged- what is said in mediation by the mediator, the parties, or their attorneys cannot be used in court and the mediator cannot be called as a witness in court. The goal of mediation is for the parties to reach a resolution, resulting in an agreed consent order that then may be entered with the Court.

Mediation is required in Tennessee in divorces with minor children. This requirement applies not only to the divorcing parents, but for post-divorce matters resulting in a modification to an existing Permanent Parenting Plan Order. Additionally, courts have begun requiring parents to mediate custody and visitation matters for non-married parents.

Mediation helps keep decisions about what is best for children in the hands of the parents, instead of lawyers or judges who do not know the family. This gives the parents more control over the case and the outcome.

Mediation helps the parties think realistically about what might happen if the case goes to trial and the judge decides the contested issues.  A mediator can also help the parties think creatively about resolutions to their disputes in order to achieve “win-win” results in which both parties are better off then they might be if they let a judge decide the issues. Litigation is emotionally and physically stressful- not to mention very expensive.  Trials often lead to further litigation, such as post-trial motions, or appeals. Agreed orders result in greater harmony and less litigation over the long haul.

Once the parties agree to use Laurie as their online mediator, they need to submit the contact form. Laurie will then reply within 24 hours with proposed dates. Once the parties agree on a date, Laurie will email the mediation agreement for each party to electronically sign and return. The parties will pay the deposit and Laurie will email the parties with a list of information she needs for the mediation, and provide options for how to proceed with the online mediation.  Laurie will then contact each party for a pre-mediation interview.

During the mediation, the parties will use Zoom and/or email to participate.  Laurie will facilitate and guide the communication process and redirect parties when necessary to the issues.

Laurie uses a sliding scale, based on income. Her maximum hourly rate is $140, which is divided between the parties equally.