ADR Commission Says Family-Law Mediators Cannot Prepare Legal Documents, Even When the Parties Don’t Have Lawyers

The Tennessee Alternative Dispute Resolution (ADR) Commission was recently presented with the following question: Is drafting a marital dissolution agreement or other legal document for presentation to the court by a Neutral in a mediation setting considered “participation as attorney” or is it considered an appropriate memorialization of a settlement agreement under Rule 31? On […]

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Divorce Advice: Mediation in Divorce Cases

Mediation in Tennessee Divorce Cases Mediation is an out-of-court meeting where spouses and lawyers meet with a mediator to try and settle all issues of the divorce. The mediator is typically an experienced family law attorney who acts as a neutral third party. Mediation has revolutionized family law. Divorce and child custody cases are settled […]

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Post-Divorce Challenge to Marital Dissolution Agreement Leads to Substantial Sanctions in Tennessee: Schutt v. Miller

Facts: The parties’ divorce was resolved by a Mediation Agreement executed by both parties and their lawyers. One month later, Husband accepted a new job with substantial income, including stock options. (Husband’s job ended two months later when his employer went out of business.) A few weeks later, the trial court approved a marital dissolution […]

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Nasty or Nice: What Kind of Attorney Do You Need?

I found the following article by Sharon Zarozny to be of interest. Nasty or Nice: What Kind of Attorney Do You Need? Nasty or nice? What kind of attorney do you need? The answer is . . . a smart attorney. Smart and nice to you is even better. You want someone who specializes in family law. Someone you […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Four

This is the fourth and final post in a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Three

This is Part Three of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Two

This is Part Two of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part One

This is Part One of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Mediation and Parenting Plans in Tennessee Divorce: Fletcher v. Fletcher

Facts: The parties, parents of two minor children, divorced pursuant to a marital dissolution agreement. After post-divorce custody disputes arose, the parties went through mediation and arrived at an agreed parenting plan signed by both parties. The next day, Mother repudiated the agreement. Father then filed a motion to enforce the mediation agreement. Mother requested an […]

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Greer v. Greer

Facts: The parties have three children. At mediation, the parties apparently reached an agreement on co-parenting such that Mother would have 200 days and Father would have 165 days. According to the opinion, the parties reached this unusual agreement without actually agreeing on the co-parenting schedule itself. Father wanted more of an alternating weeks approach […]

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