Mediation or collaborative divorce: two ways to divorce without a scorched-earth fight

When people picture divorce, they often picture a courtroom. For many couples it doesn't have to go that way. Mediation and collaborative divorce both let you make the decisions yourselves, usually more calmly, more privately and with less damage to the relationship you'll still have as parents.

How mediation works

In mediation, a neutral mediator meets with both of you and helps you reach your own agreement on property, support and parenting. The mediator doesn't take sides or make decisions for you. Once you agree, the terms are written up and submitted to the court.

Rachel Moreno, our family law partner, is a Rule 31 Listed Family Mediator, listed under Tennessee Supreme Court Rule 31 to mediate family cases.

How collaborative divorce works

In a collaborative divorce, each spouse has their own attorney, and everyone agrees at the start to work out a settlement together rather than go to court. The meetings are joint, the conversations are open, and the goal is an agreement both of you can live with.

Signs one of these may fit

• You both want to avoid a court fight, even if you disagree on details.
• You have children and want to protect your relationship as co-parents.
• You'd rather keep your family's finances and private life out of a public courtroom.

These routes aren't right for every situation, particularly where there are safety concerns or one spouse won't engage honestly. A consultation is the place to talk that through.

Working with us

Family law matters at James Austin Law Firm are billed hourly, and you'll work directly with Rachel from the first call. Every matter starts with a consultation.