Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In divorce cases, the court will often order the spouses to engage in mediation in an attempt to agree on how to resolve matters at issue in the divorce—including (1) the division of marital property, (2) the division of marital debts, (3) child custody and visitation, if applicable, (4) child support, if applicable, and (5) spousal support.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the divorce case will proceed to trial, with the judge making many of these determinations. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Tennessee, mediation is a commonly used alternative dispute resolution process in divorce cases. The state encourages mediation as a way to resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Tennessee courts often mandate mediation for divorcing couples before a trial can proceed. This requirement is intended to reduce court congestion and to foster amicable settlements. While the mediator assists the parties in reaching an agreement, they do not have the authority to impose a settlement. The mediation process is confidential, and any settlement discussions or negotiations that occur during mediation are typically not admissible in court if the case goes to trial. If the parties cannot reach an agreement through mediation, the unresolved issues will be decided by a judge at trial.